Pacific Law Center et al v. Saadat-Nejad

Filing 3

Ex Parte MOTION for Temporary Restraining Order by Solomon Ward and by Pacific Law Center. (Attachments: # 1 Memo of Points and Authorities in Support of Motion# 2 Declaration of Thomas Slattery# 3 Declaration of Edward J. McIntyre)(McIntyre, Edward)

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pEDWARD J. MCINTYRE [SBN 80402] [e-mail] SOLOMON WARD SEIDENWURM & SMITH, LLP 401 B Street, Suite 1200 San Diego, California 92101 Telephone: [phone] Facsimile: [phone] Attorneys for Pacific Law Center and Solomon Ward Seidenwurm & Smith, LLP

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

PACIFIC LAW CENTER, a Professional Law Corporation; and SOLOMON WARD SEIDENWURM & SMITH, LLP, Plaintiffs, v. SHAHROKH SAADAT-NEJAD, an individual, Defendant.

CASE NO. 07-CV-00460 L (POR) DECLARATION OF THOMAS SLATTERY IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION Date: Not Yet Scheduled Time: Not Yet Secheduled Courtroom: 14 Hon. M. James Lorenz

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DECLARATION OF THOMAS SLATTERY IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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Thomas Slattery declares: 1. corporation. Pacific Law Center. 2. Pacific Law Center is registered with the state bar of California. Pacific Law I am one of the supervising attorneys of Pacific Law Center, a professional law

Center has more than 20 licensed attorneys at its three San Diego offices--La Jolla, Escondido and Chula Vista. Overall, Pacific Law Center has more than 100 employees. 3. During the last four years in San Diego, Pacific Law Center has spent millions

of dollars in print and other media advertising. 4. The sole purpose of that advertising is to associate Pacific Law Center with

high quality legal services for our clients in the three areas in which Pacific Law Center attorneys primarily practice: personal injury, criminal law and consumer bankruptcy representation. 5. Over the course of time, and because of that advertising, consumers of legal

services identify Pacific Law Center with the professional corporation that is registered with the State Bar and that provides high quality legal services for clients throughout San Diego county. 6. Pacific Law Center has registered and owns the websites

pacificlawcenter.com, pacificlawcenter.net, pacificlawcenter.org and pacificlawcenter.ws. Those websites are a major avenue for clients to learn about Pacific Law Center, its attorneys and the services it provides. They also provide a way for clients to reach Pacific Law Center. 7. As a result, the trade name and service mark, "Pacific Law Center" has

achieved a secondary meaning in the minds of the consuming public as a specific source of high quality legal services for clients in San Diego county. Saadat-Nejad's Conduct. 8. Saadat-Nejad has registered at least the websites/domain names

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DECLARATION OF THOMAS SLATTERY IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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"pacificlawcenters.com"1 and "pacific-law-center.com." In one instance he simply added an "s" behind Pacific Law Center's name; in the other instance he did not even do that; he merely threw in hyphens. 9. Saadat-Nejad, through a lawyer purporting to represent him, has told Pacific

Law Center that, unless it pays him $500,000, he will continue to use the confusingly similar pacificlawcenters.com website and continue to say the things that he has said about Pacific Law Center and its attorneys and employees. I attach a true and correct copy of her letter as Exhibit 1. 10. 11. He has personally reiterated that demand to me. Since Saadat-Nejad began his campaign using pacificlawcenters.com2 and

"pacific-law-center.com" there is confusion among consumers of legal services whether his websites are official websites of Pacific Law Center or whether Pacific Law Center endorses them. 12. Pacific Law Center has had clients and potential clients call and inquire

whether Pacific Law Center admits to engaging in the kind of conduct that Saadat-Nejad accuses it on his pacificlawcenters.com and pacific-law-center.com websites. 13. Pacific Law Center has had clients and potential clients tell us that they will

not retain Pacific Law Center us as a result of what they see on pacificlawcenters.com and what they apparently believe are admissions of Pacific Law Center, the professional corporation. 14. Saadat-Nejad has made clear that he will not stop using the Pacific Law Center

mark and trade name unless this Court enters an injunction that forces him to do so. 15. Indeed, Saadat-Nejad has told Pacific Law Center that he intended to use

pacificlawcenters.com to create precisely the kind of confusion in the minds of the consuming public that has in fact occurred.
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Emphasis added. Emphasis added.

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DECLARATION OF THOMAS SLATTERY IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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16.

I attach true and correct copies of some of the postings Saadat-Nejad made on

the pacificlawcenters.com website as Exhibit 2. 17. In those postings, Saadat-Nejad accused Pacific Law Center of lying to and

cheating its clients. He calls Pacific Law Center attorneys "thieves," "liars," "scam artists," "hustlers." He also associates Pacific Law Center with methamphetamine laboratories and child abuse and child slavery. 18. "hacked." 19. He claimed that Pacific Law Center "robbed," him although all of his retainer He made it look as if the official website of Pacific Law Center has been

both unearned and earned was returned in full. Saadat-Nejad is a Former Client of Pacific Law Center. 20. Saadat-Nejad's mother retained Pacific Law Center to represent him in a

criminal case in San Diego extremely late the night before his trial. 21. Matthew Spiegel, a Pacific Law Center attorney, was able to make it to the

courthouse just as Saadat-Nejad's case was about to be sent out for trial. The judge reluctantly allowed him to substitute for the appointed public defender. 22. Mr. Spiegel then had time to go and see Saadat-Nejad, who was in custody.

He explained that Saadat-Nejad's mother had hired Pacific Law Center to represent him and that Mr. Spiegel had substituted in for the public defender. He also informed Saadat-Nejad that he continued the trial date and set a date for another status conference. He also had Saadat-Nejad initial and sign the retainer agreement. 23. Approximately two weeks later, Mr. Spiegel received a message from a Pacific

Law Center paralegal that Saadat-Nejad wanted to fire Pacific Law Center. Mr. Spiegel tried to see Saadat-Nejad at the jail but Saadat-Nejad refused even to speak with him. 24. Mr. Spiegel then appeared at the January 18 readiness conference and told the

judge that he thought Pacific Law Center may have been fired but was not sure and did not want prematurely to ask to be relieved as counsel. Saadat-Nejad then posted bail two days later, added himself on to the P:303340.1:57122.003 -307-CV-00460 L (POR)
DECLARATION OF THOMAS SLATTERY IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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CERTIFICATE OF SERVICE I caused the DECLARATION OF THOMAS SLATTERY IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION to be served in the following manner: Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. Electronic Mail Notice List NONE.

I manually served the following: Shahrokh Saadat-Nejad 3713 Mt. Ashmun Place San Diego, CA 92111 VIA FEDERAL EXPRESS /s/ Edward J. McIntyre__________ EDWARD J. MCINTYRE

DECLARATION OF THOMAS SLATTERY IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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