Cases
Experience: Recent Significant Client Wins: Williams vs. St. Joseph Health Personal Care Services, Inc., Orange County Superior Court, Case No. 30-2020-01134268. Defeated class certification on behalf of St. Joseph Health Personal Care Services in a putative class action brought on behalf of all California personal care attendants alleging failure to reimburse for business expenses
improper rounding.
Hern
ez vs. St. Jude Medical Center, Orange County Superior Court, Case No. 30-2019-01086516. Prevailed on motion for summary judgment on behalf of St. Jude Medical Center in class
PAGA action brought on behalf of all non-exempt employees alleging improper wage statements.
Coordinated Union Bank Wage Hour Cases, Second District Court of Appeal, Case No. B295835
Los Angeles County Superior Court, Case No. JCCP4866. Defeated class certification on behalf of Union Bank in class action alleging off-the-clock work, improper rounding
meal
rest period violations, brought on behalf of all non-exempt employees in California. Denial of class certification was affirmed on appeal.
David vs. Queen of the Valley Medical Center, 51 Cal.App.5th 653 (2020)
Napa County Superior Court, Case No. 26-67321. Prevailed on motion for summary judgment on behalf of Queen of the Valley Medical Center in a putative wage
hour class action alleging off-the-clock work, meal
rest period violations,
improper rounding. Affirmed in full on appeal.
Guerrero vs. Whole Foods Market, Second District Court of Appeal, Case No. B305799
Los Angeles County Superior Court, Case No. 19STCV02239. Prevailed on motion for summary judgment on behalf of Whole Foods Market in an age
race discrimination,
wrongful termination case. Affirmed on appeal.
Willis vs. Driltek, Ninth Circuit Court of Appeal, Case Nos. 17-17397, 17472
U.S. District Court for the Eastern District of California, Case No. 1:15-cv-00688. Prevailed in the Ninth Circuit Court of Appeal, which affirmed the district court's summary judgment order in a wage
hour class
collective action alleging a joint employer relationship between sub-contractors.
Gerard vs. Orange Coast Memorial Medical Center, Supreme Court of the State of California, Case No. S241655. Prevailed in a unanimous decision in the California Supreme Court, affirming the Court of Appeal ruling that voluntary meal period waivers are permissible for healthcare employees who work shifts of more than 12 hours. Case was fought through California courts for over 10 years, beginning with defeat of class certification in case originally involving meal period, rest period, pay stub, final pay, regular pay
reimbursement violations in 2013. This was the only wage
hour victory for an employer before the California Supreme Court in 2018.
Cruz vs. Whole Foods Market, Los Angeles County Superior Court, Case No. BC592895. Prevailed on motion for summary judgment on behalf of Whole Foods Market in a putative wage
hour class action alleging meal
rest period violations, off-the-clock work, overtime violations, failure to reimburse business expenses, pay stub violations
failure to pay vested vacation, brought on behalf of all non-exempt employees in California.
Sumo vs. Torrance Memorial Medical Center, Los Angeles County Superior Court, Case No. BC530934. Defeated class certification of a putative class action alleging the failure to pay overtime due to invalid alternative work week schedules,
failure to provide meal periods due to invalid waivers.
Garcia vs. Whole Foods Market, Los Angeles County Superior Court, Case No. BC582010. After a six-day jury trial, Whole Foods prevailed with a complete defense verdict in a sex, sexual orientation
racial harassment, failure to prevent harassment
intentional infliction of emotional distress case.
Lampe vs. Queen of the Valley Medical Center, 19 Cal.App.5th 832 (2018)
Napa County Superior Court, Case No. 26-61568. Defeated class certification of a putative class action alleging various wage/hour violations, including unpaid overtime, meal
rest period violations
pay stub violations, for all non-exempt employees. Affirmed on appeal.
Payne vs. Whole Foods Market, Ventura Superior Court, Case No. 56-2014-00452544. Prevailed on summary judgment in pregnancy discrimination case.
King vs. Pomona Valley Medical Center, Los Angeles Superior Court, Case No. BC351095. Prevailed on summary judgment in a putative class action alleging unpaid overtime on behalf of 12-hour employees.
Cherin vs. Dignity Health, San Francisco Superior Court, Case No. CGC-08-471761. Defeated class certification of proposed class of tens of thous
of nurses alleging wage
hour violations.
Cunningham vs. Long Beach Memorial, Los Angeles County Superior Court, Case No. BC421688. Prevailed on summary judgment in a putative class action alleging unpaid overtime on behalf of 12-hour employees.
Rivera vs. Whole Foods Market, Los Angeles County Superior Court, Case No. LC090604. After a week-long jury trial, Whole Foods prevailed with a complete defense verdict in a sexual harassment, retaliation
wrongful termination claim.
Leon vs. Union Bank, Ventura County Superior Court, Case No. 56-2010-00386548. Prevailed on summary judgment in a disability discrimination
retaliation claim.
McCoy vs. Saddleback Memorial Medical Center, Orange County Superior Court, Case No. 30-2008-00116393. Defeated class certification of proposed wage
hour class action, including meal
rest period claims.
Union Bank Class Action, San Francisco County Superior Court, Case No. CGC-10-499595. Failure to provide meal
rest periods
overtime violations. Class certification was denied on lack of adequacy
typicality for plaintiff,
partial summary judgment was granted.
White vs. Whole Foods Market, Los Angeles County Superior Court, Case No. BC380974. Two-week jury trial of a pregnancy discrimination
wrongful termination claim. Complete defense verdict.
Oberfoell vs. Cedars-Sinai Medical Center, Los Angeles County Superior Court, Case No. BC332075. Prevailed on motion for summary judgment in proposed wage
hour class action, including overtime
meal
rest period claims.
Sullivan vs. Kelly Services, Inc., U.S. District Court for the Northern District of California, Case No. C 07-2784. Prevailed on motion for summary judgment in proposed wage
hour class action alleging failure to pay final wages to temporary agency employees at the end of each assignment.
Zumbowicz vs. HASC, Los Angeles County Superior Court, Case No. BC360399. Prevailed on motion for summary judgment on behalf of Memorial Health System in antitrust class action alleging underlying labor code violations. Affirmed on appeal.
Hamilton vs. Long Beach Memorial Medical Center, Los Angeles County Superior Court, Case No. BC322076. Prevailed on motion for summary judgment in proposed wage
hour class action, including overtime
pay stub claims. Affirmed on appeal.
Matlin vs. Tilly's, Los Angeles County Superior Court, Case No. BC322422. Defeated class certification
prevailed on summary judgment in proposed wage
hour class action, including overtime
meal
rest period claims.
McDonnell vs. Whole Foods Market, Los Angeles County Superior Court, Case No. BC323344. Defeated class certification
prevailed on summary judgment in proposed wage
hour class action, including meal
rest period claims.
