Defense-Verdict-in-Dealership-Breach-of-Contract-Case

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OUTCOME: Defense Verdict and Award of Fees and Costs

Defense-Verdict-in-Retaliation-Lawsuit

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OUTCOME: Defense Verdict after Jury Trial

Class Action Win for Employer.

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OUTCOME: Class Certification Denied.

Defeated class certification in a putative wage and hour class action alleging managerial misclassification. Hamilton v. Genesis Logistics, Inc. 2014 WL 4187941 (C.D. Cal. Aug. 22, 2014).

Dismissal of Putative Class and PAGA Claims at Pleading Stage.

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OUTCOME:

Doss et al. v. Genesis Logistics, Inc. Obtained voluntary dismissal of Plaintiffs’ putative class and PAGA representative claims at the pleading stage with an aggressive litigation strategy, including ... early law and motion.

Voluntary Dismissal of Class, Representative and Individual Claims.

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OUTCOME:

Rivera, et al. v. Jani-King of California, Inc. Obtained voluntary dismissal of Plaintiffs’ putative class, representative, and individual claims at the pleading stage with an aggressive litigation st ... rategy, including early law and motion and discovery that included an award of sanctions against the putative class representatives and counsel.

Aggressive Early Strategy Pays Dividends.

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OUTCOME: Dismissal of Putative Class and Representative Claims.

Bolton v. Vortex Industries, Inc. Developed and implemented an aggressive litigation strategy at the pleading stage, including threatened motion to transfer venue, demurrer, and 128.7 motion for sanct ... ions. Following an amendment to complaint, secured dismissal of waiting time penalty claims as well as dismissal of putative class and representative claims.

Class Action Defeated; Remaining Claims Dismissed for Failure to Bring Them to Trial Within Five Years

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OUTCOME: Entire case dismised and upheld on appeal.

Client DHL Express (USA), Inc. was sued in Los Angeles Superior Court, alleged to be a joint employer with another trucking company. The plaintiff asserted claims for unpaid minimum wage and overtime, ... wage statement penalties, waiting time penalties, meal period premiums, rest period premiums, and unfair competition. Through two amendments to the complaint, an additional 15 individuals were added as plaintiffs and putative class representatives. Two of the plaintiffs withdrew following aggressive discovery and damaging deposition testimony. The remaining 14 plaintiffs moved for class certification, which was argued in June 2011. The court denied class certification as to the plaintiffs’ meal period, rest break, and split shift claims. The plaintiffs’ remaining claims were partially certified, with the class period confined to a period of less than four years. We filed a motion for summary judgment as to the partially certified claims, which resulted in the court dismissing the wage statement and waiting time penalty claims against DHL. Shortly before trial was to have commenced we obtained dismissal of the plaintiffs’ remaining wage claims by successfully arguing that the plaintiffs failed to comply with Code of Civil Procedure section 583.310, which requires that cases be brought to trial within five years of filing. The court held that none of the plaintiffs’ equitable defenses or any of the exceptions to the rule requiring dismissal were applicable. The plaintiff appealed but the appellate court affirmed. It held that pursuit of private mediation does not toll the five year deadline for bringing cases to trial. Castillo v. DHL Express (USA), Inc., 243 Cal.App.4th 1186 (Cal. App. 2015).