Representative Engagements

Recent Class Actions Defeating Class Certification/Summary Judgment

• Miller v. The WellPoint Companies, United States District Court, Central District of CA (2010): Plaintiff dismissed overtime class allegations.
• Bamgbose v. Delta-T Group, United States District Court, Eastern District of PA (2010): Defeated conditional class certification in independent contractor action.
• Kidd v. Cross Country Travecorps, Los Angeles Superior Court (2009): Plaintiff dismissed overtime class allegation.
• Mekhitarian v. Deloitte & Touche, United States District Court, Central District of CA (2009): Denial of class certification upheld on appeal.
• Martinez v. UnumProvident, United States District Court, Central District of CA (2009): Stipulated dismissal of class claims.
• Hogan v. NBC Universal, Los Angeles Superior Court (2007): Lead counsel in putative class actions where dispositive motions granted, including claim of meal periods, rest periods, pay stub violations, etc.
• Steinhebel v. Los Angeles Times, California Court of Appeals, Second Appellate Division (126 Cal. App. 4th 696 (2005)): Lead counsel -- Confirms trial court’s decision that commission sales plan is legal under California law.
• Pacheco v. Lexicon, Los Angeles Superior Court (2008): Lead counsel defeated class certification in “off-the-clock” class action re: commission sales workforce.
• Gonzalez v. Key Energy, USDC Central District (2006): Lead counsel defending “off-the-clock” travel time and meal period class action.
• Greenberg v. EP Management, Los Angeles County Superior Court (2005): Defeated attempt to certify a defendant class while representing advertising agencies in multi-defendant wage hour class action by Screen Actors Guild members.
• Dillion v. UnumProvident Corporation, Los Angeles Superior Court (2004): Dismissal of representative allegations - settlement of action regarding predatory pricing based on a failure pay overtime to improperly-classified customer care representatives.
• Austin v. Aramark Uniform & Career Apparel, Orange County Superior Court (2002): Class overtime claims dismissed based on inter-state commerce exemption.
• Visser v. Office Team (Robert Half International), Los Angeles County Superior Court (2002): Class allegations stricken at pleading stage in wage hour class action.
• Martin v. Lexicon School of Languages (2003): Successfully dismissed all class claims and §17200 allegations for outside and inside sales force.
• Sandra Orenshein v. Metropolitan Life Insurance Company, United States District Court, Central District of CA (1997): Class certification denied and summary judgment granted in putative medical benefits class action.

Court and Administrative Trials

• Andrews v. Banner’s Central Electric, Los Angeles Superior Court (1997): Defense jury verdict, successful cross-claims against plaintiff.
• Hill v. Aramark Uniform & Career Apparel, Inc., King County Superior Court, WA, Washington Department of Labor & Industry (2001): Obtained ruling for Defendant from Labor & Industry that all driver/outside salesmen of uniform supplier were exempt from overtime requests.
• Williams v. Bugleboy, Orange County Superior Court (2000): Obtained dismissal of separate action against officers and directors, while Company was in bankruptcy.
• APCOA Standard Parking (2001): Represented client in DLSE investigations of alleged statewide overtime and meal period violations no citations issued.
• Hamlett v. Spears Manufacturing, Los Angeles Superior Court (2001): Trial resulting in dismissal of all claims for wages owed by computer professional.
• Hooper v. Kaiser Permanente (2001): Tried and won outright exemption case for computer professional before Labor Commissioner.
• Walker, et al. v. Staples (2001): Tried and won outright labor commission case under managerial exemption for sales manager during pending class action.
• Carniero, Lemmers, Albuquerque v. Archer Courier: Successfully defended Company in multi-plaintiff case and appeal regarding overtime exemptions for delivery drivers.

Other Class Action Representation

• Ronn v. Anthem Blue Cross Life And Health Ins. Co.,Ventura Superior Court (2010): Favorable settlement pending.
• Stephens v. Fresh & Easy, Los Angeles Superior Court (2010): Current representation.
• Coleman v. Claire’s Boutiques, Los Angeles Superior Court (2009): Settlement of “off the clock” class action.
• Gonzalez v. Key Energy, United States District Court, Central District of CA (2009): Favorable settlement of “off-the-clock” travel time and meal period class action.
• Lozoya v. Party America, Alameda Superior Court (2006): Favorable settlement of store manager exempt status case.
• Ishak/Fischer v. “Leading HMO Company,” Alameda Superior Court (2006): Favorable settlement of IT class action.
• Wachovia Consolidated Broker Class Actions, United States District Court, Central District of CA (2005): Lead California counsel in MDL hybrid commission sales class action – settlement pending.
• Circle K Stores Overtime Cases, Orange County Superior Court (Coordination Proceeding) (2005): Settlement of action regarding exempt status of convenience store managers.
• Cossack v. Cross Country Travcorps, Orange County Superior Court (2005): Settlement of case regarding failure to include all compensation in regular rate calculation.
• Dufour v. Aramark Uniform & Career Apparel, Santa Clara Superior Court (2004): Settlement of action regarding allegations of rest and meal periods.
• Phillips v. AMN Healthcare, Orange County Superior Court (2004): Settle action regarding alleged failure to include all compensation in regular rate calculation.
• Way v. The Press-Enterprise, Riverside Superior Court (2004): Settled action regarding allegations of failure to pay overtime based on alleged misclassification as exempt.
• Jennifer Sarte v. AFC Franchising, Inc. (Cinnabon, Inc.), Los Angeles Superior Court (2002): Settled action regarding exempt status of managers of retail bakery stores.
• Louis J. Pimentel v. Tuneup Masters, Inc., Los Angeles Superior Court (2002): Settled action regarding exempt status of managers of automotive service stores.
• Sullivan v. One Price Clothing Stores, Inc., Los Angeles County Superior Court (2001): Dismissed class action case concerning exempt status of supervisors and managers in discount apparel retailer.
• Williams v. Bugleboy, Orange County Superior Court (2000): Obtained dismissal of separate action against officers and directors, while Company was in bankruptcy.
• Bailey v. City of Santa Monica, United States District Court, Central District of CA, (1995): Represented City of Santa Monica in litigation involving firefighter overtime.
• Department of Labor v. Guess?, Inc. (1992-1994): Successfully litigated against and negotiated agreements with U.S. Department of Labor (Rolene Otero) and State Labor Commissioner (Victoria Bradshaw) regarding labor law enforcement in garment industry resulting in what is now known as the "long form" industry agreement.

Other Recent Representations

• Navarro v. Aramark Uniform Services, San Francisco Superior Court (2000): Case voluntarily dismissed – no settlement.
• Grisanti v. Central Financial, Los Angeles Superior Court (1999): Summary judgment.
• Hanson v. Lucky Stores, Los Angeles Superior Court (1997): Summary judgment granted in ADA case – affirmed on appeal (74 Cal. App. 4th (1999)).
• LoCicero, et al. v. Gannett Outdoor, United States District Court (1993): Summary judgment granted against all joinder class plaintiffs on sex, race, and age discrimination.

• American Staffing Association: Represented Association in comment process regarding new DLSE meal and rest period regulations (2005-2007).
• Oil Drilling Coalitions (CIPA and AESC) (2001 to present): Represented (via testimony) three oil drilling associations in various matters before the Industrial Welfare Commission regarding AB 60, consulted with lobbyists.
• CIPA (2008-2009):  Pushed meal period legislation on behalf of coalition.
• Advanced Practice Nurses Coalitions: Represented (via testimony) coalitions of nurses before IWC and legislature regarding exemptions from overtime under AB 60.
• California Ambulance Association: Represented private ambulance drivers in connection with AB 60 exemptions before Industrial Welfare Commission.
• L.A. Law Firm: Testified as expert on class action defense issues.
• U-Haul: Testified in deposition and at trial as expert on wage hour exemption issue.

Accolades

• Recognized as a leading lawyer for Labor and Employment in California in the 2009 Chambers USA: America’s Leading Business Lawyers.
• California Super Lawyer (2007 to present)