Omid Tofer

February 28, 2015

OMID TOFER [#212308], 42, of Beverly Hills, was placed on two years’ probation and faces a one-year suspension if he does not comply with the terms of his disciplinary probation. He was also ordered to take the MPRE. The order took effect Feb. 28, 2015. Tofer was hired by a mother and daughter to handle claims arising out of an automobile accident that occurred on May 19, 2010. Mercury Insurance valued their claims at $5,000 and $7,500, amounts that remained static, although Tofer claimed but never proved that there were medical records that would impact the amount. Unable to settle the matter, Tofer filed an action in superior court to preserve the statute of limitations. On July 19, 2012, Tofer’s law clerk contacted Mercury and advised them that the mother’s health was deteriorating and that the company should consider offering a larger settlement. In reality, the mother had died earlier that day. On Aug. 22, the law clerk again tried to extract a better offer, but ultimately Mercury resent its original offer. On Sept. 5, Tofer sent an executed release purportedly signed by the dead woman. A few months later, the insurance company discovered the truth. During the course of their investigation, Tofer’s office staff created a declaration for the woman’s daughter to sign stating she was with her mother in Tofer’s office when her mother signed the release on June 27, 2012. In reality the release was not created until Aug. 31. In addition, Tofer allowed his staff to negotiate with Mercury, proving little oversight other than to file suit to protect the statute of limitations. In mitigation, Tofer had no prior record of discipline and entered into a pretrial stipulation with the State Bar.