Lodi Pastor / Mark Malvitz, Ph.D. defeats 'superlawyer' -- A further call for ethical practices in the legal profession

"Glenn Peterson Attorney Misconduct Investigation Heats Up -- Peterson loses big against Malvitz."

--Jeremy Brighton Staff writer / The Dispatch

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The failed lawsuit led by Attorney Glenn Peterson of Roseville, CA concerning fraud / unfair business practices lawsuit against church pastor for misuse of donated funds and property and fiduciary duties proved to be a horrible failure and completely bogus indeed -- spawning an extensive attorney misconduct investigation.

The propaganda filled lawsuit highly sensationalized by Marty Weybret's fledgling small town news paper "The Lodi News Sentinel" abruptly ended with Attorney Glenn Peterson disgraced and shamed with fines and sanctions by the Superior Court of Sacramento, California.

Peterson’s bogus information sources were two individuals, William A. Mead Jr. and Mario Sebastian, who were dismissed from employment due to extreme moral failure at the ministry where Malvitz-Ellis was the Senior Pastor in the mid 90's.

After his failed attempt against Malvitz, Super-lawyer Glenn W. Peterson was later repeatedly sued for professional negligence and other claims in several subsequent cases according to Sacramento Superior Court records.

Mark J. Malvitz stated: "It is a sad day for the legal community, when a little rodent such as Glenn W. Peterson would openly publish completely false and disgusting information as if it were fact in order to libel people and try to hide behind the defense of privilege like a scrawny little coward.

Glenn's attempt to intimidate us was laughable at best. My favorite part is when he lunged up in my face in a physically threatening manner as if he was supposed to be scary or something." Malvitz chuckled. "The only thing that scared me about Glenn Peterson was his raunchy breath that blew in my face. Admittedly, his breath was pretty scary." Malvitz laughed.

"Regarding this bogus lawsuit, we have done everything in our power to try and reconcile with these people even seeking mediation, not to avoid a lawsuit, as falsely stated by the Lodi News Sentinel, but to be Scriptural and reconciliatory, as commanded by the Bible." Malvitz said "The reality is, my wife and I spent three days of listening to utter stupidity in mediation that has been completely fruitless, therefore, we have come to the decision to move ahead in aggressive litigation against Glenn Peterson and his clearly retarded little group.

I have the utmost confidence that Glenn the Superlawyer does not stand a chance as his frivolous lawsuit lacks cause of action, legal substance, evidence, and is based on fraudulent claims and we are looking forward to proving Glenn's fallacy. If Peterson wants to play hardball that's perfectly fine with me. I'm looking forward to it. " said Malvitz in 2004.

A Stockton attorney who asked not to be named stated: “Years ago these three clowns- William A. Mead Jr, Mario Sebastian and the child endangerment criminal Gary Wisner MD were quoted in the news paper who lied like a bunch of dogs against the ministry. Gary Wisner was charged with 15 felonies shortly after his bout with Malvitz.

Several of Wisner's felonies were violent and perjury related, including criminal assault, packing an illegal firearm and falsifying legal documents which may amount to felony perjury.

Glenn Peterson thought he had a big chance to make a name for himself by using these jokers as his information sources to his own demise. Essentially, in the end, Glenn made a complete fool of himself and has become an embarrassment to the legal community. Peterson's cute little stunt was simply an extreme case of incompetence and really bad lawyering.”

The main phony information source with the failed lawsuit led by Attorney Glenn Peterson was the jailed and convicted criminal Gary R. Wisner of Lodi California who was issued a $25,000 bench warrant for his arrest and also thrown in jail for child endangerment and sued by the Bank of Lodi for over $250,000 ending in bankruptcy. Wisner was also prosecuted on 15 felony counts including criminal assault against law enforcement agents. Wisner was ordered to post $310, 000 bail while incarcerated before facing his criminal trial.

A Stockton attorney stated: "Gary Wisner is a major fraud case and an obvious liar as he is facing multiple felony perjury crimes. He has been sued excessively for medical malpractice, breach of contract / warranty, fraud, harassment, defamation as well as criminally indicted, prosecuted, and jailed for child endangerment. He even attempted to file bankruptcy in the state of New York in order to keep from paying child support from his defrocked marriage. They ought to lock Wisner up in San Quentin and throw the key away.

If I were Dr. Malvitz-Ellis I wouldnt have been so nice, nor would I have pled "no contest" due to not wanting to spend an excessive amount of attorney's fees in order to fight a piddly fine of $100 -- comparable to a parking ticket. Mark was way too kind in my estimation. It is little wonder that the Meads were attracted to Wisner's company. Birds of a feather."

Another main phony information source was the Mead family with a long criminal history. The father (William Mead Sr.) who was sentence to prison as a sex offender for statutory rape for having sex with a child and the Mead family who were prosecuted and convicted on multiple felony drug crimes.

According to documentation from the mid 90's and former church board member Michael Bishop, both William A. Mead Jr and Mario Sebastian were dismissed for sexual misconduct and sexual harassment complaints from several individuals; both male and female.

Bishop stated: "We had to terminate William A. Mead Jr from employment due to his conduct. I'm sorry, but you just cant have a guy like William A. Mead Jr running around telling people that he has a two inch penis...that doesn't go over very well in a church environment for obvious reasons."

According to friends of Mead and Sebastian interviewed in the mid 90's, after termination, Mario Sebastian renounced his faith in Christ in order to continue his homosexual relationship with his long-term boyfriend in Lodi California. William A. Mead Jr left to live with his girlfriend after the termination in Stockton California. Both Sebastian and Mead’s employment were terminated by the administrative management and board members of the ministry.

Further, William A. Mead Jr claimed to be Dick Bernal's youth pastor at Jubilee Christian Center in San Jose later found to be false. "We have never even heard of an Alton Mead" stated a staff member at Jubilee Christian Center. "This William A. Mead Jr person obviously has some serious lying issues. Sounds like he needs to get saved."

Ministry watch and spiritual abuse expert Dr. Bill Blanchard stated: “It was quite evident that both Mead and Sebastian attempted to smear the name of Professor Malvitz, but to no avail. Individuals that know Mark and Martha know that they are choice people with excellent character.

Over the years, the truth always comes out. It is sad to see people like Mead and Sebastian who have given themselves over to moral failure. Instead of taking responsibility for their actions, they decided to blame the church instead. This kind of dysfunctional behavior is quite common now days.”

In regard to the bogus lawsuit launched by Glenn Peterson, a local Sacramento Attorney stated: “I have studied Glenn Peterson’s tactics over the years and if he cannot come up with something legitimate he usually cries “fraud!!!” or “unfair business practices!!” and then settles his failing lawsuits by attempting to intimidate an opponent. Dr. Malvitz isn't the only one that Peterson has done this to. Fortunately, Malvitz wasn't intimidated in the least from what we saw."

"We usually work behind the scenes with people who encounter this Peterson clown...” stated another local attorney who asked not to be named after interview by reason of investigation for attorney misconduct against Glenn Peterson.

Glenn Peterson is a partner of Millstone Peterson and Watts; a law firm located in Roseville, California. “The results of the investigation are still pending and we are very interested in the outcome. We have personally interviewed several individuals throughout the Sacramento area.” stated another attorney assisting in the investigation against Glenn Peterson.

A few days after the frivolous lawsuit was filed, university Professor Mark Malvitz-Ellis Ph.D. who defeated Attorney Glenn Peterson stated: “Glenn Peterson's lawsuit would have been funny if it weren't so pathetic. Reading through the lawsuit that Glenn drafted, it looked like little Glenn Peterson was really having a temper tantrum comparable to a three year old child...I mean this little guy looked like he was really burning up his crayon.

Allegations of spiritual abuse, fraud and identity theft?! Using peoples social security and credit card numbers? What a complete joke. No doubt, Glenn has been watching too many reruns of Star Trek" Malvitz laughed. Glenn Peterson is a dirty little liar and we have proved that without question. The evidence stands, there is no denying that."

"One of the funniest statements made by Glenn is that he may 'allow' me to return to the ministry after rehab? Rehab for what? Preaching the Gospel and helping those in need? We heard through the grapevine that Glenn was admitted into substance abuse rehab so I am assuming that is where he got his out to lunch idea.

Glenn clearly has unresolved issues that haunt him and needs professional psychological help. I've been in full time ministry for many, many, years non-stop and will continue to do so. If Glenn thinks he can 'bully' me out of the ministry with his childish lawsuit, this little goon is in for a rude awakening I assure you..." Malvitz chuckled.

"However, on a more serious note," Dr. Malvitz-Ellis states, "...a major concern with Peterson’s bogus lawsuit and similar lawsuits is the concern of outright fraud by litigants, including the fabrication of facts in order to present a complaint that cannot be dismissed in some of these types of cases.

Besides being legally bogus, a breach of professional ethics, as well as the issue of blatant attorney misconduct can certainly have destructive effects on people’s perception of justice.

These types of bogus lawsuits as launched by Peterson are certainly fraudulent claims and are in effect, to extort money from a defendant who settles because he would rather pay the nuisance value of a fraudulent lawsuit rather than fight it.

In our case, we were more than willing to move ahead and fight, exposing Peterson’s completely bogus claims" stated Malvitz “However, cases that are dismissed with prejudice as was this one, simply means that Mr. Peterson and friends didn’t have a leg to stand on and took the cowardly way out.

I really didn't think a counter-suit was necessary in this frivolous lawsuit. Openly defeating 'Super lawyer' Glenn was good enough for us. Any time a totally bogus lawsuit such as this one is launched and is based on lies it is doomed for failure.

Individuals who apparently were investigating Glenn for attorney misconduct contacted us via phone. Glenn has made a huge myriad of enemies in Sacramento, probably more than I can count. We were not interested in participating because of our extremely busy schedules, however, it seems like Glenn needs some help with his apparent dilemma from what I see. But, that sounds like a personal problem to me and I have no interest in it. I do, however, recommend that Glenn get some really good counseling."

The Sacramento Superior Court losers of record are listed as attorney Glenn Peterson, Steve Presson, Sylvia E. McLain, Deborah Wilson, Carl Vom Cleff, Bonnie Vom Cleff, David Coan, Joan Coan and Debra Stamey.

Dr. Mark Malvitz Ph.D. teaches in both graduate and undergraduate degree programs at several high profile universities in the United States.  He is a popular conference speaker and has been heard internationally including 48 states of the U.S. and 22 countries of the world. He has been married to his wife for 19 years and has three children.

Glenn Peterson is divorced and has a small law practice in Roseville California. According to Sacramento Superior Court records, embattled Glenn W. Peterson was susequently sued for professional negligence and other disfavorable legal claims.

--End of Article


Key words: Attorney Discipline Glenn Peterson; Professional negligence lawsuit against Glenn W. Peterson; Mark Malvitz; Mark Malvitz-Ellis; Mark Malvitz Ellis; Glenn Peterson; Glenn Peterson Attorney; Misconduct Glenn Peterson; Attorney Misconduct Investigation Glenn Peterson; Attorney Misconduct Investigation California State Bar; Mark Jarid Malvitz Ellis, Dr. Mark Ellis; Gary R. Wisner convicted felon; Gary Wisner child endangerment; Gary Wisner criminal assault and criminal purjury charge; Gary Wisner MD of Lodi arrested and jailed; Altom Mead; William Mead sex offender; William A. Mead Jr; Mario Sebastian

Posted by Bill Blakely at 6:16 PM

Smoke tax?

Federal cigarette tax comes close to $1 per pack, smokers in many states will pay hefty sums into government coffers unless they kick their habit. In addition to federal tax, New Jersey levies a $2.57 per pack tax on cigarettes and others may follow.

California seems to be in the middle of the road, somewhere between 84-8787 cents per pack. Three states tax cigarettes at less than 30 cents per pack. South Carolina is the lowest at 7 cents.

Philip Morris USA stated that a steep federal tax increase could accelerate the national decline in smoking to the point that the insurance would have to find other revenue sources.

In Congress, these groups receive little sympathy. But some lawmakers say voters should know the details of the insurance program's proposed funding structure.

Rep. Mike Pence, R-Ind., who spoke against the bill in last week's debate, said: "The headline ought to read, 'Smokers in America to pay for middle-class welfare.'"

--End of Article

Key words: Tax Cigarette tax tax increase tobacco

Saturday, July 5, 2008

Obscurity issues of the ADA

Bill Blakely ESQ

Under Title I protection, it is not enough for a person to establish a disability; the individual must also be qualified for the position. In other words, an employee must show that he or she can perform the essential functions of the job with or without reasonable accommodation. Further, by definition, the essential functions are the fundamental parts of the job. Such functions are determined by reviewing written job descriptions, which must have been in existence before the discrimination action ensued, and by deferring to the employer's judgment.

In the context of telecommuting, disabled workers who request to work from home may be unable to prove that they can perform essential functions of the job if an employer insists that the workplace presence is essential. In establishing the parameters of essential Job functions, the court can also look to the consequences of the employee's hypothetical inability to perform the function, the work experience of the past persons employed in the same position, and the amount of time it would be spent on a particular function. The determination of the essential functions is a fact specific inquiry performed on a case-by-case basis by the court. Moreover the disabled individual must be able to perform the functions of the position that are deemed essential with or without reasonable accommodation.

A reasonable accommodation requires the employer to alter workplace facilities to make them accessible to disabled individuals. Among other things, reasonable accommodations may include attaining or modifying equipment, job restructuring, and adjustable work schedules. Generally, reasonable accommodation is a modification to the way that work is structured that enables the disabled employee to perform.

Requiring employers to provide a reasonable accommodation is considered to be done and to be one of the most obscure provisions within the American disabilities act because the statute does not explicitly define what constitutes a reasonable accommodation. Because of its vagueness there is much room for differing judicial opinions as to what should constitute a reasonable accommodation. This is reflected in the differing approaches the courts have taken in regard to whether working from home constitutes a reasonable accommodation.

Key words: ADA, Title I, Disability, Employment law

Application and analysis of precedent?

The Supreme Court of Iowa's decision constitutes one of the worst misreadings of Robertson I have ever seen. Immediately after setting forth the two part test I mentioned above, the Robertson court made clear that "the government apparently bears the burden of proving that the discussion was not a plea negotiation once the issue has been properly been raised...." Robertson, 582 F.2d at 1366 n.21. As I argued in my article Caveat, 21. on Proceedure 251 (1999), courts have often failed to mention who bears the burden of proof in failed plea discussion cases and have made some odd evidentiary rulings, but I'm not sure that I have ever come across a case before the Boggs case where a court has so clearly and improperly placed the burden of proof on the defendant. Simply put, the Supreme Court of Iowa's decision is an improper application of the Robertson decision, in effect creating a "caveat accused" approach to plea discussions rather than the proper "caveat prosecutor" approach, where the government bears the burden of proving that an accused's statements were not made during plea discussions.