December 15, 2007
Steve Glickman
Glickman & Glickman
9460 Wilshire Blvd. Suite 830
Beverly Hills, CA. 90212
Re: Notice of Damages, Opportunity to Cure, and Intent to Sue
Dear Steve:
I seek return of the CD-ROM featuring Richard Fischel M.D. Ph.D. entitled “Hyperhidrosis Educational Presentation” (or similar), last known to be in your possession. Alternatively, I seek damages from you in the amount of $5000.00, the limit on a small claims action. The true magnitude of my damages at your hands goes far beyond the narrow issue of the CD-ROM, and is incalculable.
You were my attorney of record in my fraud action against Dr. Richard Fischel, from September 2005 until March 2006.
On December 14, 2007 I took possession from your office what I believed to be my entire case file from the matter of Baker v Fischel. However, conspicuously absent from the case file was a CD-ROM entitled “Hyperhidrosis Educational Presentation” (or a title similar to that) which featured a video presentation on ETS surgery by Dr. Fischel.
In November 2007, I was hired to produce an educational DVD video about ETS surgery entitled “ETS: The New Lobotomy”. For this, I have been promised a fee of $5000, and I agreed to produce it and to accept the fee. Excerpts from Dr. Fischel’s CD-ROM were to be featured prominently in “The New Lobotomy”. Relying on my knowledge that you possessed the Fischel CD-ROM and that I could retrieve it, I promised to be able to produce and deliver “The New Lobotomy”, including the Fischel footage.
Dr. Fischel has already been noticed of the intent to produce “The New Lobotomy”, and offered the opportunity to sit for an interview. However, because the Fischel CD-ROM is missing, the entire DVD project is in jeopardy.
That you fell below your ethical obligations by losing the Fischel CD-ROM is quite clear. What remains debatable is whether this was accidental or intentional on your part. I say it was intentional.
To prove my case in court, it should be your understanding that I will seek to show a consistent pattern of behavior on your part whereby you acted to protect the interest of Dr. Fischel, and to actively work against my interest, and also to work against the interest of truth and justice generally.
You and I both know I have considerable evidence to present to that effect. As just one obvious example, consider the defense motion to dismiss my punitive damages claim. It was said by the defense that punitive damages in a fraud claim carry a 2-year statue of limitations, and you stipulated to this, without opposition. It is quite provable that this statute of limitations was made up out of whole cloth. It doesn’t exist.
Please remedy the situation by finding and returning the CD-ROM, or by compensating me for my damages in the amount of $5000.00. If such is not forthcoming, expect to be sued in small claims court.
Sincerely,
Alexander Baker
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4 comments:
From: scg@glickman-law.com
Subject: Re: Damages, Opportunity to Cure, Intent to Sue
Date: December 18, 2007 5:22:15 AM PST
To: ace@acebaker.com
I am out of the country now and will be back on Wed. I will respond later this week when I am back. Steve Glickman
From: ace@acebaker.com
Subject: Return of CD-ROM, additional cause of action
Date: December 21, 2007 8:28:42 AM PST
To: scg@glickman-law.com
Mr. Steve Glickman,
I still await your promised response to my request to made whole on damages.
http://steveglickman.blogspot.com/
In addition, having now reviewed my case file, I have now discovered that the signed declarations of (Fischel ETS patients) Chris Brody, Kerrigan Mahan, and Mitchell Zacarias are also missing. As sad and hurtful as this is to me, it is no surprise. These declarations were harshly critical of Dr. Fischel, and detailed the (extreme lack of) information provided by Fischel to them.
These missing declarations may give rise to additional causes of action against you, and will certainly help corroborate my claim that you acted to protect Dr. FIschel, to undermine my case, and to operate against truth and justice generally. I request that you find and return the declarations to me.
If you do not respond and offer to cure this by Wednesday, December 26, 2007, expect to be sued.
Sincerely,
-Alexander Baker
From: scg@glickman-law.com
Subject: Re: Return of CD-ROM, additional cause of action
Date: December 22, 2007 7:55:48 AM PST
To: ace@acebaker.com
I went to our storage facility yesterday and went through your file. I found the Declarations your referenced; however all three are unsigned. I also retrieved the poster boards you had provided as well as a CD labeled "Composer Reel for Glickman". That was the only CD in the file (aside from CD's containing deposition transcripts). Finally, the exhibit Notebooks we had prepared for trial were in storage; I brought one back for you as I was not sure if you have received one previously.
Let me know when you would like to pick up these materials.
I trust that this now resolves this matter. On the other hand, if you would like to go through the files we have in storage, I can arrange for you to do so. Steve Glickman
From: ace@acebaker.com
Subject: Re: Return of CD-ROM, additional cause of action
Date: December 22, 2007 8:22:22 AM PST
To: scg@glickman-law.com
Steve Glickman,
No, this does not resolve the matter, it only raises further questions about your misconduct. For example, the document I signed at your office said "entire file". Now I learn that part of my file is actually in a "storage facility". It must now be your understanding that the document I signed is null and void, and I consider the below email to be an admission on your part that what was presented to last week was in fact, NOT my "entire file", and that the document I signed was prepared in bad faith.
The matter at hand is Fischel CD-ROM. You still have until Wednesday to find and return it, or compensate me. If such is not forthcoming, expect to be sued.
Yes, I would very much like the CD of any deposition transcripts, that will facilitate publication. This is my first knowledge of their existence.
-Sincerely,
Alexander Baker
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