Once again Jeffrey Wilens running out of fake plaintiffs using his own name as a Plaintiff to file a class action lawsuit against corporate America.
Basically Wilens sued them first, signed a release not to sue than sued them again… Does this sound like an ethical lawyer?
Case titled as JEFFREY WILENS vs ICON HEALTH & FITNESS
Case No.: 30-2015-00786780-CU-BT-CXC (Assigned for all purposes to the Hon. Thierry Patrick Colaw, Dept. CXJ 05)
Lawyer Wilens is using his long time partner in the scams Jeffrey P. Spencer from THE SPENCER LAW FIRM 903 Calle Amanecer , Suite 220 San Clemente, CA 92673 as his “lawyer”.
On May 11, 2015, Plaintiff Wilens filed a complaint against ICON HEALTH & FITNESS on behalf of himself and all persons similarly situated asserting causes of action for Violation of Unfair Competition Law (Business & Professions Code § 17200 et. Seq.) and Violation of Consumer Legal Remedies Act (Civil Code § 1770 et. seq.). ICON filed a Demurrer and Motion to Strike on June 11, 2015. Plaintiff Wilens responded with a First Amended Complaint which was filed on July 2, 2015 asserting the same causes of action. On July 30, 2015 ICON filed a Demurrer and Motion to Strike to the First Amended Complaint. On September 18, 2015, the Court overruled ICON’s demurrer and denied ICON’s motion to strike . On October 1, 2015, ICON answered Plaintiff s First Amended Complaint.
On August 8, 2015, Plaintiff Jeffrey Wilens filed a small claims action against ICON Health & Fitness, case number 30-2014-00739980-SC-SC-NJC , claiming ICON damaged Plaintiff Wilens in the amount of $2,205.42 because his “[i]ncline treadmill [was] defective and could not be repaired after several attempts. The Wi-Fi module, a key element for setting the course and tracking performance does not function, company admits it is defective.” (Undisputed Material Fact (hereinafter “UMF”.) In order to resolve the claim, ICON sent a letter on October 21, 2014, indicating that they would settle with Plaintiff Wilens for $2,311.05 in exchange for his execution of the attached Confidential Release. (UMF 2.) That very same day, Plaintiff Wilens, an active attorney admitted to practice in the State of California, executed the Confidential Release, emailed the same back to ICON’s counsel, and demanded that the check be overnighted to his office. (See UMF 3.) The release provided in the first paragraph of a one page release, that the undersigned: does hereby release and forever discharge ICON
. … (hereafter Released Parties)” …of and from any and all existing or possible actions, causes of action, claims, demands, damages, costs, fees, and expenses of any kind, on account of, or in any way arising from or related to all known and unknown injuries and damages resulting or which may result from the undersigned’s use of exercise equipment by the undersigned and sold, displayed and/or manufactured by Released Parties or any of its affiliates.” (UMF 4.)
More to come soon