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Questions Answered by Kevin Christopher Murphy
1 Answer | Asked in Employment Law and Education Law for California on
Q: I am a PE teacher for 3 schools, can I sue the district for making me switch schools during maternity leave?

I was told that I would have a guaranteed spot back at the schools I taught at after my maternity leave was over. According to the district, due to "declining enrollment" they had to move some teachers around to teach at different schools for the following school year. They are giving me entirely... Read more »

Kevin Christopher Murphy
Kevin Christopher Murphy answered on Jun 6, 2019

No, you do not have a viable claim. They have accommodated your maternity leave and have alternative employment available for you to work when you return. Why would you want to sue the school district, and what damages would you claim? Emotional Distress for providing suitable alternative... Read more »

2 Answers | Asked in Gov & Administrative Law for California on
Q: How does this case relate to the recent court case Gamble v. United States?
Kevin Christopher Murphy
Kevin Christopher Murphy answered on May 24, 2019

What case...? The question is incomplete and, therefore, unanswerable.

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Can I become a licensed vocational nurse in California with expunged criminal record?

My case happened last 2012 but I was arrested and convicted for misdemeanor false imprisonment and battery last 2014. I don't have any more money to pay for my lawyer to go trial and dont want to stay in jail for long. So I just took the deal given by the DA which is misdemeanor false imprisonment... Read more »

Kevin Christopher Murphy
Kevin Christopher Murphy answered on Jun 20, 2018

Yes, you may be able to obtain an LVN license but you will be required to disclose the conviction despite expungement. Many criminal defense attorneys don't realize that expungements do not make the convictions go away for professional licensing purposes and routinely provide their clients with... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can I sue a primary care doctor for wrong diagnosis and for sending me to ER (and wasting my money) instead of MRI?
Kevin Christopher Murphy
Kevin Christopher Murphy answered on Mar 12, 2018

Maybe. More facts are needed but if you actually had a wrong diagnosis and the physician breached the standard of care, within the applicable statute of limitations, you may have a legal claim. I suggest you call a medical malpractice attorney in your local jurisdiction for a Free Consultation to... Read more »

1 Answer | Asked in Health Care Law for Nevada on
Q: Medical provider gave Personal Health Info to at fault party insurer. Does this violate patient privilege in Nevada ?

Following a car accident our health care provider released all of our family's medical records, including 3rd party medical records /3 people/ to the at fault party's insurance company. accident was december 2016/ potential hipaa violation / privilege violation was less than 90 days ago

Kevin Christopher Murphy
Kevin Christopher Murphy answered on Mar 1, 2018

Yes, if there was an over broad production that didn't involve anyone in the accident and/or protected info. You can report the provider to the Medical Board and pursue a HIPAA violation claim but those are very difficult cases. Good luck!

1 Answer | Asked in Education Law for California on
Q: Can i seek legal action if my sons teacher is verbally abusing, harassing, discriminating and wishing harm on him?

sons teacher told him "you disgust me, i hope you get hit by a car"

He also said, "you're trash in football" says hes the reason they lost the game

belittles him infront of entire class

joins the mocking from other classmates

my son has a mild case of tourettes... Read more »

Kevin Christopher Murphy
Kevin Christopher Murphy answered on Nov 7, 2017

You should definitely contact a local Personal Injury plaintiffs' attorney to fully discuss the case. Another option is to report the teacher to the CA Commission on Teacher Credentialing, which is the agency that regulates their license to work, and initiate an investigation. I think this abusive... Read more »

2 Answers | Asked in Education Law, Personal Injury, Products Liability and Small Claims for California on
Q: can I sue for 2 year old corn nuts that the school sold me?

I recently purchased corn nuts from my school's vending machine at lunch on September 20th, 2017. I had opened the bag and i proceeded to eat 2 corn nuts, what caught me off guard was the rancid taste and smell. I then checked the bag and the expiration date said July 9th 2015. I advised my teacher... Read more »

Kevin Christopher Murphy
Kevin Christopher Murphy answered on Sep 20, 2017

Who are you wanting to sue, your school or the vending machine company? Regardless, what are your actual damages aside from the horrible taste and rude school administrator? Lawsuits are not to be taken lightly, and no ethical attorneys would take such a case without you incurring serious damages... Read more »

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2 Answers | Asked in Civil Litigation and Education Law for California on
Q: Pujury took place at hearing, how do I address that issue in closing arguments?

Theses questions are more about proper courtroom procedures even though this was a Special Education Due Process hearing.

Hearing was open to the public and was recorded by the district and by me as well as by the presiding Administrative Law Judge. After going through my notes and... Read more »

Kevin Christopher Murphy
Kevin Christopher Murphy answered on May 22, 2017

Why don't you have a lawyer representing you? Regardless, unless the evidence is self-authenticating you may not be able to introduce it into the record because you didn't raise/intro. it during hearing and Closing Argument is not the proper part of the process to bring in evidence. You could raise... Read more »

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2 Answers | Asked in Business Law and Gov & Administrative Law for California on
Q: I have a question about California State regulations regarding compliance by licensed agents and brokers.

There has been recent U.S review of the requirements for licensed R/E agents to record text and/or chat messages involving regulated activities such as transactions with clients. If such regulations are in place, can you give me a number reference in the California Code?

Kevin Christopher Murphy
Kevin Christopher Murphy answered on Mar 23, 2017

I am unaware of any change in law requiring all text messages to be stored. Business and Professions Code Section 10148, and Civil Code Section 1624, governs Real Estate professionals' requirements to maintain records. The B&P Code explicitly states "This subdivision shall not be construed to... Read more »

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