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Should Everst College be unjust enriched by this plaintiff??

Los Angeles, CA |

I went to Everst College to get a Pharmcay Tech License. At this time I did not know that if you have a criminal record you can not get a Pharmcay Tech License. The criminal backaround check said I had a criminal history. The school in order to get the money had me sign a notice and acknowledgement of criminal backaround check results form. they had me sign it. It said I wish to meain in the pharmacy tech program. As of today I do not have a job as a pharmacy tech. Is what they did to get the money legal??

Attorney Answers 3

Posted

Do I understand the sequence of events here: you enrolled in the course and then found out that you had a criminal record that could defeat licensure in your field. You nevertheless decided to remain enrolled in the program and the school had you sign a statement acknowledging your receipt of notice about the criminal record.

If that is the sequence of events, you have no claim against the school. There is simply no conduct or action by the school in that statement of facts that constitutes a breach of any obligation to you, nor any act that constitutes any ethical violation.

It is not true that "any" criminal record will defeat licensure as a Pharm Tech. My law firm practices occupational and professional licensing law and we have obtained licenses for many individuals with the same problem as you have. It is true that there are some hurdles in obtaining the license, but if you are willing to put in the time, effort, and patience necessary to satisfy the Board's requirements, you can likely be issued a probationary license which can then lead to an unrestricted license. You can contact my firm for a consultation and you can also check out the Board's web-page.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

The GOA undercover tests at 15 for profit colleges found that 4 colleges encouraged fraudulent practices and that all 15 made deceptive or otherwise questionable satament to GAO's undercover applicants.See GAO undercover testing, report on August 4, 2010. Attorney Mccall have been contacted but have not get back as of today. Jimmie

Todd Bruce Kotler

Todd Bruce Kotler

Posted

Does the GAO report include your college?

Christine C McCall

Christine C McCall

Posted

Dear Jimmie: This note is in response to your voicemail message. I responded previously to your email, but perhaps Avvo did not forward my previous email response to you? My law firm can assist you in obtaining a California Pharmacy Technician license, but we would not be the right attorney to represent you in bringing an action against Everest College for any refund of tuition payments or for damages for misrepresentation as to the utility of the program. As I noted in my response to your question published on Avvo, I do not believe that there is a sound basis for recovery against the College based on your statement of the facts, and California's Rules of Professional Responsibility prohibit attorneys from bringing legal actions that they do not believe to be meritorious. There is nothing in the law that prohibits you from utilizing one law firm or attorney to pursue your license and another to pursue your tuition and/or damages claims against the school. But that option may cost you more money in fees in the long run as both attorneys or firms will necessarily step through some of the same facts. In all events, there is a much shorter window of time in which you may sue the College than in which you must make application for your occupational license, so I would encourage you to look carefully at that course and consult with other counsel about that potential claim in the very near term. My law firm represents professional and occupational licensees and applicants before California's licensing authorities, including the Pharmacy Board. We bill for attorney services at $250.00 per hour and we work against an initial retainer of $7500.00, payable at the time we undertake the case. We take cases only where we believe that the license is or should be obtainable so we require a personal interview to explore that issue before we make a formal representation agreement. If you would like to schedule a personal interview for that purpose, please reply by email and we will contact you with the first available appointment time. Thank you for your interest in License Advocates Law Group LLP. Christine McCall Christine.McCall@LicenseAdvocates.com

Posted

The fact that Everest College provided you with an education and the fact that you freely signed the waiver most likely defeats any claim you may have against the school.

Please note that I do not warrant that this is legal advice. This is not a solicitation for, nor is that an establishment of any attorney-client relationship. For any legal advice, you should consult an attorney.

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Posted

Are you saying you did not get to go to the classes? Did you earn the degree from the College?

If the teachers gave you the instruction promissed, the College has performed its part of the contract. Thus no unjust enrichment. No educational institution I know of promisses one a job just because they graduate.

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The lawsuit will alleges Misrepresentations anout the school's Accreditation, Transferability of Credit, and Cost. See Miller,et al. v. Corinthian Colleges in Third Judicial District Court, Salt Lake Ciyt County.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

Is this case about your college? Was the accredidation misrepresented? How would one prove it other than your word versus theirs?