Cases
Experience: Representations
Decisions of Broad Application: Fortune 50 Retailer
Represented Appellant before a federal circuit
obtained holding that the district court exceeded its statutory authority in rem
ing sua sponte based on a non-jurisdictional defect,
that defendant's response to state court pleading did not waive its right to remove the action to federal court. Kenny v. Wal-Mart Stores, Inc., 2018 WL 650998. Link to appellate argument: https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000012840
Roth v. CHA Hollywood Medical Center, L.P., 720 F.3d 1121 (9th Cir. June 27, 2013), Case No. 13-55771.
Represented Appellant in case of first impression before a federal circuit concerning federal court's removal jurisdiction under 28 U.S.C. sections 1441
1446, which reversed decades of lower court decisions
held that a defendant may remove based on facts uncovered through its own investigation.
King v. Great American Chicken Corp., Inc. 903 F.3d 875 (9th Cir. 2018)
Represented Appellant before a federal circuit
obtained holding that a plaintiff does not establish the 'local controversy' exception to federal jurisdiction under the Class Action Fairness Act by proving that more than two-thirds of the putative class were residents of the forum state
were employed in the forum state during the class period, as the legal st
ard is whether two-third are 'citizens' of the forum state - a multi-factored subjective inquiry. Had the district court decision been affirmed, effectively no employment class action could be removed to federal court, as an employment class is almost universally defined as persons who worked,
resided, in the forum state.
Employment Litigation (Both State
Federal Courts): Large media company obtains complete defense judgment
Both successfully defended against claims of religious discrimination
wrongful termination
leveraged counterclaims to put the Plaintiff on the defensive, which ultimately resulted in Plaintiff paying to resolve a lawsuit they had filed - an extreme rarity for an employment action. Obtained damning documentary
deposition evidence to support counterclaims including fraudulent concealment
intentional misrepresentation, which resulted in plaintiff agreeing to pay client to resolve the lawsuit they had initiated.
Complete defense judgment via summary judgment briefing in arbitration on behalf of a large media company in an action brought by former employee alleging racial discrimination, retaliation,
wrongful termination, among other claims.
California cardroom obtains defense award on all causes of action
Total defense verdict following week long arbitration in an FMLA/CFRA leave
disability discrimination action filed by a former long-term employee. Verdict was supported by success in obtaining impeachment testimony
novel legal argument briefing: Bernardi v. California Commerce Club.
National Restaurant Chain obtains complete defense verdict in federal jury
Seven-day jury trial resulted in a total defense verdict in case involving claims of harassment
discrimination (sexual orientation
gender), failure to prevent harassment, constructive discharge, wrongful termination,
intentional infliction of emotional distress.
Global travel retailer
restauranteur defeats individual claims at pleading stage
Obtained dismissal of all claims without leave to amend at the pleading stage, including claims alleging retaliation, discrimination, wrongful termination,
sexual harassment. Vizcaino v. Areas, USA Inc., 2015 WL 13573816 (C.D. Cal. Apr. 17, 2015)
Successfully obtained dismissal with prejudice of PAGA representative action. Compelled plaintiff's individual wage
hour claims to arbitration. In arbitration, secured dismissal of all Counts with prejudice following multiple rounds of strategic discovery
pleading challenges. Judgment was then entered in favor of client in Superior Court
plaintiff's PAGA representative claim was dismissed with prejudice due to lack of st
ing.
National medical provider successfully defends former executive's whistleblower
wrongful termination claims
Successfully defended against whistleblower
wrongful termination action brought by former company executive.
Successfully represented of one of the largest clinical laboratory networks in the world
Successfully defended client in two-plaintiff case involving allegations of discrimination, defamation
unfair competition.
Defense of Cryogenic Freezing Business against claims of senior officers
Successful defense of sexual harassment
gender discrimination claims. Successfully defense against whistleblower
wrongful termination action.
Defense of large national entertainment
booking company
Obtained dismissal with prejudice after successfully pleading challenges. Successful defense of age discrimination
wrongful termination claims
favorable settlement.
Class Action Defense: Ongoing defense of California
Nationwide class
collective actions on behalf of Abercrombie & Fitch family of companies in multiple putative class actions
Ongoing defense in putative California class
nationwide collective action seeking unpaid wages under California law
the FLSA premised on the core contention that employees were not properly compensated for pre-shift activities involving whether the employee should report for work
finding shift replacements.
Ongoing defense in putative California class action alleging claims for unpaid reporting time pay, failure to pay wages at termination, failure issue compliant wage statements,
violations of California's Unfair Competition Law.
Ongoing defense in putative California class action alleging claims for unpaid reporting time pay, failure to pay wages at termination, failure to issue compliant wage statements,
violations of California's Unfair Competition Law.
Took over as counsel post- class certification of 66,000 class members-all non-exempt, store associates in California- asserting unreimbursed business expenses for 'uniforms,' forced patronage,
a series of derivative claims under the California Labor Code, California's Unfair Competition Law,
PAGA.
Took over as counsel in nationwide (excluding California) FLSA putative collective action of non-exempt store associates alleging minimum wage violations stemming from unreimbursed business expenses for 'uniforms,' as well as derivative state law claims under Massachusetts, New York,
Florida law.
Fortune50 Retailer. USDC Southern Case No. 3:13-cv-01919-MMA, 2014 WL 12570905 (S.D. Cal. Apr. 21, 2014)
Putative class action, privacy issues relating to employee drug testing. Entire action, including class allegations, dismissed at the pleading stage without leave to amend.
Medical center successfully avoids rem
to state court
Argued that establishing that 2/3 of the class are California residents does not establish that 2/3 of the class are California citizens under the Local Controversy exception to CAFA. Obtained complete denial of class certification in published decision. Roth, et al. v. Hollywood Presbyterian Medical Center, et al., 2013 WL 5775129 (C.D. Cal. Oct. 25, 2013).
National fitness chain successfully avoids federal claims previously settled under state law theories
Hybrid action alleging panoply of state
federal FLSA wage hour claims. Obtained voluntary dismissal with prejudice after successfully arguing that previous settlement of state law claims on an opt-out class basis also released the federal FLSA claims pled here (on an opt-in basis).
Wendy's Restaurant Group obtains dismissal of class allegations
claims
Successfully defended against putative class brought by current
former exempt employees seeking unpaid wages,
civil
statutory penalties for alleged wage
hour violations
obtained dismissal of class
dismissal of representative PAGA claim on ground that the 'notice' provided to the State was insufficient notice to exhaust the preconditions to filing suit,
ruling of first impression that Labor Code section 1174 does not create a private right of action.
National Food Chain successfully defends against putative class of 9,000 in wage/hour action
After obtaining repeat orders on pleadings dismissing of individual
class claims, obtained preliminary approval of very favorable settlement with class-wide release of all related claims, including collective action claims under FLSA.
National Food Chain successfully defends against putative class action alleging misclassification
Successfully defended against putative class brought by current
former exempt employees for alleged wage
hour violations based on misclassification claims. Obtained favorable settlement on individual basis after denial of class certification.
National Marine Retailer defeats class
individual claims
Hybrid action alleging panoply of state
federal FLSA wage hour claims. Courts holds PAGA action cannot proceed in federal court absent class certification. Taylor v. W. Marine Products, Inc., No. C 13-04916 WHA, 2014 WL 1248162, at *2-3 (N.D. Cal. Mar. 26, 2014). Motion to certify class denied. Remaining action settled on very favorable terms shortly thereafter.
KinderCare defeats pay card class action in its entirety at the pleading stage
Panoply of claims pertaining to use of pay cards in lieu of live checks/direct deposit. Obtained dismissal of entire action on second motion to dismiss/strike. Judgment entered in favor of client.
National Restaurant Chain defeats pay card class action
Panoply of claims pertaining to use of pay cards in lieu of live checks/direct deposit. Entire action dismissed with prejudice.
Successful defense of large logistics/trucking company on employee
independent contractor claims
Defeated
/or settlement panoply of wage/hour claims brought by employees
independent contractor in multiple putative class action lawsuits.
Successful defense of large retailer in reimbursement claims brought on behalf of putative class
Wage hour claims arising from alleged failure to reimburse for mileage. Settled on class wide basis after partial grant of demurrers.
Successful defense one of the largest clinical laboratory on wage hour class action
Defeated class certification of wage-
-hour claims
obtained class wide release on very favorable terms. H
led
resolved on very favorable terms two class actions brought by current
former exempt employees seeking unpaid wages,
civil
statutory penalties for alleged wage
hour violations.
National health club chain successfully defends against wage/hour class action
Successfully defended against putative class action seeking unpaid wages,
civil
statutory penalties for alleged wage
hour violations.
Employment
Labor Counseling
Compliance: National fitness chain successfully obtains opt-in settlement for state
FLSA wage hour claims: Panoply of wage hour claims. Settled on class wide basis at mediation. Argued that the state law claim opt-out class (persons are bound unless they opt out) released unpled federal FLSA claims (persons are bound only if they opt in) on the same facts.
