Complaint Review: P. Timothy Pittullo Attorney Pittullo Barker & Associates Jennifer J. Kropke Timothy Pittullo Attorney - Rancho Cucamonga California

Professional Malpractice Claim Case Number 30-2013-00655429-CU-BT-CJC. City of Orange - Central Justice Center.

 (Abbreviated version, full version available on-line.)

Three causes of action:

1. Unlawful Business Practices - Violation of the Consumer Legal Remedies Act

2. Legal Malpractice

3. Intentional Infliction of Emotional Distress

UNLAWFUL BUSINESS PRACTICE

...

7. On or about June 12, 2012. P. Timothy Pittullo and Pittullo Barker & Associates agreed to represent Sheila Azarkia regarding appropriate restricions pertainign to the use of her son's passport...

8. The reason that Plaintif went to P. Timothy Pittullo and Pittullo Barker & Associates was because P. Timothy Pittullo and Pittullo Barker & Associates advertised that they were well qualified, competent, professional and capable of representing a client in a family law case and that if they were in fact hired, they would in fact represent that client in a prepared, professional and competent manner.

9. Another reason that Plaintiff went to P. Timothy Pittullo and Pittullo Barker & Associates was becasue P. Timothy Pittullo and Pittulllo, Barker & Associates represent that they were well qualified, competten, professional and capable of representing Ms Azarkia in a hearing to restrict the use of her son's passport and that they would fin fact represent her in a prepared, professional and competent manner.

10. A hearing to restrict the use of her son's passport was scheduled for August 3, 2012. In preparation for this hearing, P. Timothy Pittullo and Pittullo, Barker & Associates required Plaintiff to pay for an investigation in Iran and to fly a witness out from Chicago to testify at the hearing.

11. Defendant P. Timothy Pittullo showed up at he hearing completely unprepared, where he behaved unprofessionally and then after the hearing had already been proceeding for quite some time, told the judge that he was "not capable" of competently representing the Plaintiff and requested a continuance so that Plaintiff could obtain another attorney {hearing Transcript: pg. 67, lines 13-15]

12. When the judge refused to grant a continueance a that point. Defendant P. Timothy Pittullo refused to ask any questions {Hearing Transcript: pg 73, lines 8-21] refused to call any witnesses [ Hearing Transcript pg. 74, lines 11-17] and rested the Plaintiff's case [Hearing Transcript: pg 74, lines 16-24]

14. Despite the fact that Defendants, P. Timothy Pittullo and Pittullo Barker & Associates, advertised that they would represent a family law client in a family law proceeding in a prepared, professional and competent manner, P. Timothy Pittullo and Pittullo Barker & Associates never intended to provide such services as advertised and certinaly did not provide such serices as advertised at the August 3, 2012 hearing. Said conduc on the part of P. Timothy Pittullo and Pittullo Barker & Associates (Sissie Barker, Britani Barker Pittullo, Jonathon Zitney, Jennifer Kopeke)

15. Plaintiffs suffered significant economic damages and special damages including the cost of the investigation in Iran, the cost of flying the witness out from Chicago to testify at th eAugust 3, 2012 hearing and all amounts paid to P. Timothy Pittullo and Pittullo Barker & Associates in an amount which will be proven at the time of trial.

16. As a result of the aforementioned conduct, Plaintiff has incurred general and incidental damages in an amunt which will be proven at the time of trial.

17. On December 26, 2012, Plaintiff caused to be mailed to Defendants, P. Timothy Pittullo and Pittullo, Barker & Associates, by certified mail a "notice of Violation of Consumer Legal Remedies Act and Demand for Remedy" pursuant to Civil Code 1782...

18. Within 30 days of receipt of the notice of its violation of the Consumer Legal Remedies At served by certified mail. Defendants P. Timothy Pittullo and Pittullo Barker & Associates failed to offer an appropriate remedy or any remedy at all. ...

SECOND CAUSE OF ACTION - LEGAL MALPRACTICE - AGAINST ALL DEFENDANTS

23. The defendants and each of them were negligent and failed to exercise reasonable care in their representation of the plaintiff.

THIRD CAUSE OF ACTION - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - AGAINST DEFENDANTS P. TIMOTHY PITTULLO, PITTULLO BARKER & ASSOCIATES AND DOES 1 THROUGH 80)

27. The conduct of Defendants P. Timothy Pittullo and Pittullo Barker & Associates, by showing up entirely unprepared, refusing to question the witness in any significant extent and refusing to call any witnesses in particular those that were waiting in the hall to testify, including the witness that P. Timothy Pittullo and Pittullo Barker & Assocites had required Ms. Azarkia to fly in from Chicago fo rth hearing caused Sheila Azarikia to suffer severe emotional distress.

28. The conduct of the Defendants so described in paragraphs 11 and 12 herein was dirtied at Plaintiff Shila Azarika and was carried out with a reckless disregard that such conduct would cause Plaintiff to suffer severe emotional distress

29. The conduct of the Defendants as desired in paragraphs 11 and 12 herein was carried out by the Defendants and each of them maliciously, oppressively, fraudulantely and with a conscious disregard of the rights of the Plaintiff. The conduct of Defendnts and each of them, as describe herein was despicable, vile, base, contemptible, miserable, wretched and loathsome. That by reason of the conduct of the Defendant and eah of them as described in paragraphs 11 and 12 herein, the Plaintiff is entitled to an award of exemplary damages.

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