Cases
Experience: Notable Class Action Experience: Ibarra v. Manheim Investments, Inc., 775 F.3d 1193 (9th Cir. 2015). Reversed district court order rem
ing case
established more employer-friendly test for removing cases to federal court under the Class Action Fairness Act.
Notable Trial Experience: Ayala v. Cox Automotive, Inc., 2:16-cv-06341-CJC (USDC C.D. Cal.). Three-day jury trial in the Santa Ana federal court. The plaintiff asserted claims for age discrimination
wrongful termination. After about one hour of deliberation, unanimous jury awarded complete defense verdict.
Ollervides, et al. v. Concorde Battery Corp. Two-plaintiff sexual harassment
wrongful termination case. Obtained complete defense ruling following seven-day arbitration.
Wage
Hour Class
Collective Action Experience: Acuity Br
s Lighting adv. DeLaTorre, CIVDS1601800 (San Bernardino Superior Court) (failure to provide meal
rest periods, failure to include bonus in regular rate, time rounding).
Balboa Life & Casualty, LLC, et al. adv. Zamora, et al., BC360026 (Los Angeles Superior Court) (alleged meal period
rest break violations, waiting time penalties).
Bank of America, N.A., et al. adv. Zamora, et al., BC464365 (Los Angeles Superior Court) (alleged denial of opportunity to copy or inspect putative class members' personnel files
wage
time records).
Charter Communications adv. Novoa, 13-cv-01302 (USDC E.D. Cal.) (alleged off-the-clock work for field technicians).
Countrywide Financial Corporation adv. Abhyankar, JAMS Case No. 1220036579 (JAMS Arbitration) (alleged Labor Code violations for misclassification of exempt employees based on violation of salary-basis test because of jury duty policy).
Countrywide Financial Corporation, et al. adv. Lew, et al., CV-01993-SC (USDC N.D. Cal. (alleged Labor Code violations for alleged unpaid wages, improper wage statements, meal/rest break violations,
untimely payment of final wages).
Countrywide Insurance Services, Inc. adv. Tollefsen, 56-2008-00332381 (Ventura Superior Court) (failure to provide meal periods
defective wage statements for non-exempt employees).
Cox Communications, Inc. adv. Amiri, 30-2016-00835723 (Orange County Superior Court) (alleged failure to pay wages properly for on call time).
Cox Communications, Inc. adv. Camia, SACV12-1380 CJC (JPRx) (alleged off-the-clock work for non-exempt cable company field technicians).
Cox Communications, Inc. adv. Taylor, 16-cv-01915 (USDC C.D. Cal.) (seeking to force cable company to pay employees who bring their work vehicles home at night for time spent driving the vehicle home at the end of the workday).
General Motors Financial Company, Inc., et al. adv. Nemeth, et al., CV12-02761 DMG (CWx) (USDC C.D. Cal.) (alleged misclassification of auto finance company credit analysis).
HomeServices Lending, LLC adv. Buchanan, 3:11-cv-00922-L-MDD (USDC S.D. Cal.) (alleged deductions for business losses
expense reimbursement for loan officers of Wells Fargo joint venture).
Kaiser adv. Brown, BC489643 (Los Angeles Superior Court) (alleged failure to include non-discretionary bonus payments in the regular rate of pay).
Kaiser adv. Lemmons, 34-2012-00125488 (Sacramento Superior Court) (failure to pay for alleged controlled-st
by for site support specialists).
Manheim Investments, Inc. adv. Ibarra, 12-cv-00318 (USDC S.D. Cal.) (failure to provide meal
rest periods
off-the-clock work for non-exempt auto action employees).
Superior Grocers adv. Acevedo, BC504487 (LASC) (challenge to time rounding practices).
Valero Refining Company adv. Wulfe, 12-cv-05971 (USDC Central District (alleged off-the-clock work
missed meal periods
rest breaks for non-exempt oil refinery employees).
Wells Fargo Bank, N.A. adv. Macey, et al., CFC 10-501835 (San Francisco Superior Court) (alleged deductions from commissions for trust losses
reimbursement of loan officer expenses).
Wells Fargo Bank adv. Caprarola, L-3570-13 (New Jersey Superior Court) (challenging under New Jersey law method of calculating employee commissions as unlawful deductions
challenging requirements that employees pay subscription fee for websites
marketing programs).
Wells Fargo Bank adv. Dyer, 13-cv-2858 (USDC N.D. Cal.) (nationwide breach of contract action alleging Wells Fargo systematically miscalculated commissions on a certain type of mortgage loan).
Wells Fargo Bank adv. Nguyen, 15-547596 (San Francisco Superior Court
removed to USDC N.D. Cal. 15-cv-5239) (various challenges to Wells Fargo compensation plans including allegations of unlawful deductions, vacation forfeiture,
failure to pay commission wages in a timely manner).
