Sie sind auf Seite 1von 2

--- On Tue, 1/22/08, Towery, James E. <JET@hogefenton.

com> wrote:
From: Towery, James E. <>
Subject: RE: Txxxxx Preschool & Daycare, LLC
Cc: "Kelley, Colleen B." <>, "Quintana, Sandy" <>
Date: Tuesday, January 22, 2008, 2:09 PM
Charu and Amita:
I realize you have now had several days to digest the administrative law judge's decision. Needless to
say, I am disappointed with the bottom line denial of your license. The fact that the Judge Venturino ruled
in Amita's favor on the exclusion order was a small good thing, but did not outweigh the disappointment of
the judge's denial of the license.
I want to share my final thoughts with you, before terminating our attorney client relationship. I think your
best strategy at this point is to retain new counsel, and to prepare to challenge this in court. It is a long
and slow process, but you have the right to file what is called an administrative writ of mandate under
Code of Civil Procedure Section 1094.5, to ask the Superior Court to review the decision of the
administrative law judge. These writs are hard to win, but I think you have a better than average chance
of winning in this case. Judge Venturino ruled in your favor on so many specific points, especially the two
claims regarding physical harm to children, that not much was left to support his decision of denial. He
seemed to be basing the denial largely on what he found to be your uncooperative attitude. I think a court
will be very skeptical of that basis for the denial of your license. In any event, you will need a lawyer to
represent you if you go this route--it is virtually impossible to do without a lawyer. You will need to be very
careful of the procedural requirements and deadlines--that is why you should hire a new lawyer ASAP.
Colleen mentioned that you plan to go public with this decision and seek political assistance, from
Senator Coto or otherwise, to challenge this decision. You certainly have the right to do whatever you
want, but I would advise you not to do that. I think it will only backfire on you. This is a legal problem, not
a political problem. Attempting to apply political pressure is likely to diminish whatever chance you have
for a good outcome.
Now, as to our attorney client relationship, this email is the final step in that relationship. Colleen and I
and my firm are now done being your attorneys. We are going to send a notice to the Office of
Administrative Hearings that you are now representing yourselves. I don't need to tell you that I was very
disappointed that you decided to accept over $10,000 of legal services without payment because of a
change in the anticipated days of hearing when you and I entered into a flat fee agreement for the
remainder of the hearing. Even though I was disappointed in your decision, I assured that our firm
provided you with the highest quality of legal services possible through the end of the hearing. However,
now that the decision has been received and we have advised you as to our recommendations as to your
next steps, I no longer have any desire to be your attorney. It is too bad, because I think you have a good
case to take to court. But given your decision not to pay for the legal services you received, the natural
consequence is that I no longer wish to represent you.
We wish you the very best of luck in the future. Again, I strongly recommend that you retain new counsel
as quickly as possible. Under the procedural rules applicable to your decision, it may be several months
before you have to take specific action, but that may occur sooner. You should be prepared to act quickly,
and I strongly recommend that you retain new counsel within the next few weeks. We will of course
provide copies of our file to any new counsel you retain, and cooperate in any other manner that is
Now that our attorney-client relationship is over with, please stop contacting our office for further legal
advice. We are no longer your attorneys.
Jim Towery

From: Quintana, Sandy

Sent: Friday, January 18, 2008 4:43 PM
To: ''; ''
Cc: Towery, James E.; Kelley, Colleen B.
Subject: Tinytown Preschool & Daycare, LLC
Attached please see attached.
Sandy Quintana | Paralegal
Hoge, Fenton, Jones & Appel, Inc. | San Jose Office
Direct Dial: 408.938.3802
The information in this e-mail message may be privileged, confidential, and protected from disclosure.
If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited.
IRS Circular 230 Disclosure: Recently adopted Internal Revenue Service regulations generally provide
that, for the purpose of avoiding federal tax penalties, a taxpayer may rely only on formal written advice
meeting specific requirements. Any tax advice in this message (including any attachments) does not meet
those requirements and is not intended or written to be used, and cannot be used, for the purpose of
avoiding federal tax penalties or promoting, marketing or recommending to another party any transaction
or matter addressed herein.