Personal Injury Case Results
$650,000 Award for Mother of Murder Victim
On August 6, 2004, a Ventura County judge agreed with Attorney Philip De Smeth of the Ventura law firm of Bamieh & De Smeth and awarded Carmen Guerrero, the mother of murder victim Olga Solis, $650,000 for the wrongful death of her daughter Olga Solis. Ms. Solis was murdered by Alberto Mora Solis on April 14, 2002. A Ventura County jury convicted Alberto Solis of that murder on June 4, 2004. Mr. De Smeth represented Carmen Guerrero before Superior Court Judge Steven E. Hintz. Judge Hintz ordered a judgment of $650,000 against Mr. Solis after an evidentiary hearing featuring the emotional testimony from family members. Philip De Smeth commented, “I am very pleased that we were able to obtain this judgment within about four months of filing the civil suit. Mr. Solis has assets which we will use to enforce this judgment. Hopefully this will bring some solace to the family. Bamieh & De Smeth is proud to represent Ms. Guerrero in the memory of her daughter who was so brutally murdered. It is one of the most rewarding parts of our practice for me and my partner, Ron Bamieh, to represent victims of crime and help them to piece their lives back together.”
$519,000 Jury Verdict For Family Of Man Run Over By City Of Oxnard Trash Truck
On August 6, 2004, a Ventura County jury agreed with Ventura Attorney Ron Bamieh, of Bamieh & De Smeth, PLC, and awarded the family of Jay Patel $519,000 for the wrongful death of 43-year-old husband and father. Mr. Patel was walking to work and was killed when a City of Oxnard garbage truck struck him while he walked in cross walk as he crossed 5th street in Oxnard. Mr. Patel was killed when the driver of the garbage truck looked in another direction as he accelerated through a right turn into the cross walk where Mr. Patel was crossing with a green light. His wife Krishna, daughter Parul, son Vivek, survived Mr. Patel. The two-week wrongful death jury trial was held in Ventura County Superior Court before Judge Henry J. Walsh. Ron Bamieh of the Ventura law firm of Bamieh & De Smeth represented the Patel family. The jury found that the total damages were $865,000. The jury further found that City of Oxnard employees were 60 percent responsible for this accident. Mr. Bamieh and the Patel family were hopeful that the City of Oxnard would attempt to resolve this matter and not force the Patel’s to relive this tragic incident. However, the City of Oxnard refused to admit that the accident was the fault of their employees and claimed that Jay Patel ran into the side of the trash truck. Early in this litigation, the Patel family would have accepted less than the jury verdict. Ron Bamieh commented on the trial, “I am pleased with the Jury’s verdict. They did an incredible job listening to the evidence and realizing that the City’s denial was not based on the truth. The City’s mistake was thinking that spending over $70,000 in expert witnesses, and $100,000 for lawyers would somehow intimidate the Patel family or my law firm. It was a pleasure showing the City that a strong family, a credible witness, and truthful advocacy could defeat their bullying tactics. I was honored to have the faith and confidence of the Patel Family, who are truly remarkably and special people. We look forward to celebrating this Verdict with the Patel Family tonight.”
Other Civil Case Results
- $6,800,000 for 10 students abused by their special education teacher
- $3,000,000+ from Church for survivors of sexual abuse
- $1,100,000 for two students sexually assaulted by their school’s Vice Principal
- $1,000,000+ for a client rear-ended by a delivery truck
- $1,000,000+ for members of church group sexual assaulted by youth leader of the church
- $700,000 for a young woman who had a bullet graze her arm while driving in Santa Barbara. The police and prosecutor would not charge the perpetrator. We conducted our own investigation, determined the perpetrators lived together and filed a civil lawsuit against both, resulting in payment for our client.
- $650,000 for a survivor of child sexual abuse by a police officer
- $550,000 for city employee sexually harassed by city council member
- $300,000 Title IX settlement against UCSB on behalf of student victim of sexual assault.
- $110,000 for an employee subject to LGBTQ discrimination by a work supervisor.
- $250,000 for an employee who was sexually harassed by her supervisor working for a City.
- $230,000 in emotional distress damages for LGBTQ employee who suffered harassment in the workplace
- $250,000 policy limits for survivor of a car crash.
- $200K in emotional distress damages for manager who suffered gender-based harassment working for a city
- $200,000+ for an employee sexually harassed working at a large delivery distribution center
- $150,000 for whistleblower whose contract was terminated in medical care facility
- Obtained restraining order against an individual who assaulted and harassed a neighbor.
- $20,000 for a person bitten by a small dog on a walk to the beach.
- Insurance policy limits for the death of an adult child hit by a drunk driver.
- $110,000 for an Uber passenger injured in a car accident.
- We represented the wife and children of a foreign national who had just immigrated to America when husband killed by a garbage truck. The jury found the City liable, awarding hundreds of thousands of dollars to his family.
- Sued abuser and obtained hundreds of thousands for survivor of domestic violence
- Hundreds of thousands for our client who was stabbed by the bouncer at a bar
- Secured rightful compensation and back pay for public employee who was misclassified based on gender discrimination
- Full Insurance Policy limits for baby injured at day care
We have represented hundreds of car accident victims and have obtained tens of millions of dollars in settlements and judgments.
Criminal Defense Case Results
People v. M. Rodriguez
8/1/2013 – Description: Retrial of September 2012 case. Client charged with murder and special circumstances. Outcome: Judge acquit client based on a defense motion at close of the prosecution’s case.
People v. G. Cauchon
5/1/2013 – Description: Client, a local businessman, was accused of a misdemeanor battery during a work altercation. There were three witnesses. Outcome: Jury hung 7-5 not guilty, case dismissed. Read about it here.
People v. M. Rodriguez
9/1/2012 – Description: Client charged with murder committed on behalf of street gang. At the trial, Ron established the DA influenced the accomplice to testify against the client. Outcome: Mistrial called by judge on discovery of new evidence.
People v. B. Vargas
5/1/2012 – Description: Defendant was charged with stabbing an unarmed man 17 times during a fight. Prosecution sought first degree murder conviction and 25 years to life sentence. The defense presented to jury was of imperfect self-defense, requiring voluntary manslaughter conviction. Outcome: Defendant found not guilty of murder, convicted of voluntary manslaughter and sentenced to 6 years. More about this case.
People v. Hershel
1/2/2012 – Description: Defendant was accused of misdemeanor sexual offense on teenage boys, requiring lifetime sexual registration. Four alleged victims testified about defendant’s conduct at trial. A psychological defense was presented on behalf of client. Outcome: Defendant acquitted after jury trial. Read more about it on Avvo.
Case of C. Valencinia
6/1/2009 – Description: Client was investigated for the murder of her live-in boyfriend, who was stabbed to death in their home. Ron and his team of investigators discovered evidence of long term domestic violence. He compelled the police department to collect evidence establishing client’s right to self-defense Outcome: DA refused to charge client, finding she had the right to self-defense and her actions were justifiable in light of the circumstances.
People v. Ferguson
July 2016 – Description: Client was accused of driving under the influence of alcohol. Discovery motion allowed for receipt of the video footage from arresting officer’s car, which was used in a motion to suppress due to an illegal stop. Outcome: Motion was litigated, which lead to the exclusion of all evidence against our client.
People v. Jappe
September 2016 – Description: Client was accused of manufacturing synthetic marijuana and possession of marijuana. Outcome: Motion to suppress was litigated and all evidence of manufacturing was excluded and the manufacturing charge was dismissed.
People v. Castillo
February 2016 – Description: Client was accused of robbery, assault with a deadly weapon, and being a member of criminal street gang with a prior felony conviction. The DA initially offered 12 to 14 years. Outcome: Defense investigation damaged credibility of several of the witnesses, and DA agreed to an 18-month sentence, a majority of which was served in local custody.
People v. Clobes
September 2016 – Description: Client was charged with conspiracy to commit a car-jacking, two counts of assault with a deadly weapon, and multiple counts of auto theft. DA initially offered 8 years in state prison and $150,000 of restitution. Later the DA raised the offer to 14 years of state prison and reduced restitution to $100,000. The case was set for trial and the motions filed to dismiss all allegations. Outcome: After becoming aware of the extensive defense, the DA agreed to drop all charges prior to trial except for the car theft allegations. The Court reduced all counts to misdemeanors and agreed to 28 days sentence on home arrest and restitution of $12,000. The Client was able to keep his job, and resume his life.
People v. Cisneros
July 2016 – Description: Client was accused of battery; there was a dispute over a relationship. Outcome: Our investigator interviewed the relevant parties and the statements provided to the DA’s Office. The DA rejected the case, refusing to file charges.
People v. Estrada
January 2014 – Description: Client was accused of shooting another individual with a handgun, and causing great bodily injury. Our assigned investigator found two witnesses who both created a great deal of doubt as to identity of the shooter. Outcome: After preliminary hearing, the District Attorney dismissed the charge.
People v. Khan
July 2015 – Description: Client was charged with 4 serious felony counts including domestic violence, sexual assault, and using weapons in the offenses. DA offered a term in state prison and life-time sex offender registration. Our investigation revealed alleged victim was attempting to manipulate our client and judicial system to get a favorable divorce and US residency. Outcome: Following a preliminary hearing, DA dismissed all charges against our client on account of the overwhelming evidence obtained during our investigation.
People v. Davies
September 2013 – Description: Client was charged with felony hit and run and a misdemeanor charge of reckless driving causing injury. During our investigation, we learned client suffered from epilepsy due to a severe head injury. Our discussions with doctors and other medical professionals established that the client suffered a seizure while driving his vehicle. Outcome: After confirming the validity of our investigation the DA dismissed the case.
People v. Scarlett (January 2016) People v. Rodriguez (June 2015) People v Owens (September 2016)
Bamieh and De Smeth, PLC is proud to offer reduce rates to United States Military veterans on non serious felony cases, and we have represented dozens if not hundreds of our military veterans. Description:The three cases listed above all involved former U.S. Military members charged with various crimes from misdemeanors to felonies. Outcome: We were able to enroll all three in Veterans Court, obtain services for them, and upon completion of the program, all of their cases will be dismissed.
People v. C. Parrilla
2/1/2013 – Description: Client charged with attempted murder. He was alleged to have been the person on recorded video who shot at the victim four times. DA sought 60 years to life sentence. Outcome: Jury hung on attempted murder charge.
People v. E. Andrade
7/1/2012 – Description: Defendant alleged to have shot and killed a man during a robbery. Prosecution sought conviction for first degree murder and 50 years to life sentence. Outcome: Murder charge was removed and client was convicted of voluntary manslaughter. Read the case description.
People v. Vega
1/3/2012 – Description: Defendant accused of molesting two girls, both 14 years old, and charged with four felony offenses which require lifetime sexual registration. Outcome: DA dismissed entire case after jury could not reach a verdict. More about this case.
People v. N. Vargas
10/1/2010 – Description: Client was charged with shooting ex-wife on the couch 3 times from approximately 8 feet away, and later confessed to all of his actions.DA sought first degree murder, 50 years to life sentence. Defense presented a psychological defense to establish client’s reasonable fear of ex-wife. Crime reduced to voluntary manslaughter. Outcome: Not guilty of murder, guilty of voluntary manslaughter.
People v. G. Tapia
3/1/2009 – Description: Client charged with murder and being a gang member. Ron established client’s friend was the actual killer. Outcome: Jury acquitted client of murder and found allegation of gang membership false.
People v. Annees
December 2015 – Description: Client was accused of committing battery on ex-girlfriend, which was caught on video at the courthouse. Our cross examination of alleged victims and witnesses resulted in jury finding none of them credible. Outcome: Jury returned not guilty verdict in less than one hour.
People v. Rosales
August 2016 – Description: Client was accused of extensive sexual conduct with a minor. The case hinged on admissions made in secret recording. The DA requested an 8-year state prison sentence. Outcome: Our investigation established several charges could not be proven. Prosecutors accepted a sentence of less than 3 years.
People v. Rice
November 2015 – Description: Client was accused of felony spousal and child abuse. Outcome: Our extensive investigation into the background alleged victim and her prior false complaints lead to the dismissal of all charges.
People v. Nolasco
May 2016 – Description: Client was accused of rape and other counts of sexual assault. The DA offered 6 years in state prison to the former attorney of our client. After we accepted representation of the client, we conducted an extensive investigation to establish intoxication of the alleged victim and issues she had prior to contact with client. Outcome: The DA offered 120 days of local jail time and probation for a misdemeanor battery.
People v. Renteria
July 2015 – Description: Client was charged with a felony hit and run. Our investigation revealed several factors that mitigated the allegations brought by the prosecutor. Outcome: After the preliminary hearing the District Attorney agreed to reduce the charge to misdemeanor, and agreed to summary probation and no jail time.
People v. Coronado
September 2016 – Description: Client was arrested for felony domestic violence. Our investigation cast doubt on the allegation, and also strongly indicated that our client was a victim. Outcome: The District Attorney rejected the case.
People v. Martin
June 2016 – Description: Client was charged with DUI and driving without a license. Once we were provided full discovery, we believed our client was unlawfully detained. We used video footage to demonstrate that the CHP officer’s report was not accurate, and he could not had have reasonable suspicion to conduct vehicle stop. Outcome: Judge ruled all evidence seized following illegal stop must be suppressed. Following successfully suppression motion hearing, DA dismissed the case.
People v. Schmutz
September 2016 – Description: Client was charged with unlawful possession of firearm and ammunition. We established that our client lacked knowledge that he was not allowed to possess the firearm and ammunition, presented our entire defense to the prosecutor before a trial was to begin. Outcome: DA dismissed case.
Other Criminal Defense Cases
- Client was charged with murder and gang allegation, he was acquitted at trial of the murder charge. (People v. Gustavo Tapia)
- Client was charged with murder in the course of a robbery, a case that carries life without parole. After opening statements, the prosecutor agreed to a voluntary manslaughter charge.
- Client shot and killed his ex-wife after prolonged exposure to domestic abuse. Prosecutor sought a first-degree murder conviction, we used mental health evidence to establish that our client could not form the intent to kill at the time of the shooting. The jury agreed with our theory and acquitted the client of murder and instead rendered voluntary manslaughter verdict. (People v. Nicholas Vargas)
- Client was charged with murder and a special allegation making him eligible to serve a sentence of life without parole. We obtained evidence that the government informant had lied due to the encouragement of the prosecutor and the court granted our motion to acquit before the jury deliberated. (People v. Manuel Rodriguez) First special circumstance case in Ventura County history where the acquittal was obtained on motion after the prosecution’s case.
- Our client was charged with stealing shoes from a department store, the prosecutor claimed it was on video and charged the client with felony and a third strike. A jury acquitted our client of all charges.
- The client was charged with spitting at his ex-girlfriend in the courthouse, the alleged crime was on video and our client was charged with a misdemeanor battery. We were able to show video manipulation and attack the credibility of witnesses and the jury had a reasonable doubt as to the truth of the charge and acquitted our client.
- Our client was charged with resisting arrest. At trial it was discovered that the stop and detention of our client’s vehicle was illegal, and we filed a motion before closing arguments for dismissal of all charges. The court granted our motion for acquittal.
- A store clerk who did not speak English was accused of misdemeanor sexual assault. The prosecution claimed that client admitted to the crime. We used an Arabic interpreter and realized the police had not accurately portrayed our client’s statements. We attacked the credibility of witnesses at trial and the jury acquitted our client.
- Our client was attacked by her husband. She obtained a knife and defended herself, the police arrested our client for murder. We investigated the case, documented a long history of domestic violence, and that the angle of the knife wound on the deceased showed our client acted in self-defense. We convinced the District Attorney not to file charges against our client.
- Our client had an affiliation with a Santa Barbara gang; the alleged victim was affiliated with a rival gang. The alleged victim and our client fought on the street in Isla Vista and our client was able to get to his knife and stabbed the victim over ten times in self-defense. The prosecutor sought a conviction for first-degree murder and a sentence of 35 years to life. Our extensive investigation established the alleged victim’s close ties to a gang and his violent history. The jury acquitted on all murder charges, and client ultimately served three years in jail for a voluntary manslaughter conviction. (People v. Benjamin Vargas)
- No jail time and eventual dismissal for parent who fled the country with kids in fear for their safety but in violation of a court order
- Dismissal of felony resisting arrest charges filed against client who was attacked by police officer
- Obtained $4,935 in monetary sanctions against District Attorney for discovery violations
- Fought $74,000,000 in penalties sought by District Attorney down to $20,000 settlement for client
- Judge granted our motion to dismiss vehicular manslaughter case mid-trial finding DA had not proven the case
- Judge granted our motion to dismiss murder case mid-trial finding DA had not proven the case
- Jury acquitted our client of felony battery after we established at trial that the alleged victim was framing our client and exaggerating pre-existing injuries
In Re Christopher
August 2016 – Description: Client was accused of sending threatening text messages. The case was investigated as terrorist threats. Outcome: After extensive discussions with law enforcement, the client agreed to counseling and the DA didn’t file the case.
In Re J
July 2016 – Description: Client was accused of participating in armed robbery. The DA initially sought multiple years of custody in California Youth Authority. Outcome: Completed contest after which Court called our client one of the victims of this ordeal. Client was released on electronic monitoring, placed on probation, and will be eligible for dismissal and sealing of file if probation is completed.
In Re Kevin
June 2016 – Description: Client was accused of sexually assaulting a high school student. Outcome: The DA agreed to informal probation. After probation was completed, the case was dismissed and the file sealed.
In Re Lee
September 2015 – Description: Client was accused of breaking into cars and stealing various items. Outcome: After extensive negotiations with the DA, client was able to pay restitution, complete program, and have the case dismissed and file sealed.
Family Law Case Results
- Iranian national who owed over 7 local gas stations kicked his wife out of the house and left her penniless. By the conclusion of the case, we had convinced the judge to place her husband in jail for violating the court’s order and obtained full control of the community property for our client.
- Client was allowed to move to Thailand with daughter after lengthy trial despite the fact that Thailand is not a member of the Geneva convention and other obstacles that would otherwise have prevented the move.
- Secured elevated support payments plus large life insurance plan designed to protect client when spouse fraudulently chose a law enforcement pension payment plan option that cut client out when spouse retired.
- Successfully negotiated a custody and visitation agreement that required a drug test for the drug-using party and included a slowly increasing visitation schedule, which was designed to ensure the safety and wellbeing of the children.
- Obtained $200,000 from property division at trial when most offered during settlement discussions was $30,000
- Won an equal custodial timeshare at trial when custody evaluation report substantially limited client’s time with children
- Negotiated favorable early termination of spousal support/alimony on long term marriage
- Doubled spousal support for housewife who discovered her husband was supporting a secret second family with another wife and kids with his cash business
- Won “spoofing case” securing restraining order against abusive ex who was harassing under fake web accounts and fake numbers
- Fought for woman targeted on “slut shaming” websites and obtained orders to get false posts removed from the web
- Revealed parent lied at hearing in custody battle; judge dismissed false claims of abuse
- Helped countless clients negotiate settlement agreements that avoided the emotional and financial costs of litigation.