Attorney B Douglas Robbins's Legal Cases

Employment and labor

Mejia v. Roussos Constr., Inc., 76 Cal. App. 5th 811 (2022)

Mar 25, 2022

OUTCOME: Reversal (win) before the court of appeal

Our clients, three carpet installers alleged that their employer, Roussos Construction Inc. misclassified them as independent contractors, denying them the protections and benefits due them under the C ... alifornia Labor code such as minimum wage pay, meal breaks, rest breaks, overtime pay, expense reimbursement, unemployment insurance, and workers compensation coverage. In the summer of 2018, after a three week trial, a jury found for the defense. On appeal the Court reversed, finding for our clients on four claims.

Real estate

Young v. Buchholz, Case No. 202012-12137619 (DFEH May 3, 2021)

May 03, 2021

OUTCOME: Win before the administrative body

We represented a landlord accused of discriminating against a former tenant by failing to provide reasonable accommodations for that tenant’s alleged disability. After briefing on the matter, the DFEH ... ruled in favor of our client and dismissed the action finding that the tenant failed to offer sufficient evidence of discrimination, retaliation, and/or disability.

Litigation

ENA N. Beach, Inc. v. 524 Union St., 43 Cal. App. 5th 195 (2019)

Dec 12, 2019

OUTCOME: Trial Court win for damages, for punitive damages, and for attorneys fees. The California Court of Appeal affirmed the trial court decision and awarded additional attorneys fees.

The lawsuit began in September of 2015, when ENA North Beach filed a complaint against Defendants Smucha and 524 Union Street after terminating a five-year commercial lease. Our clients, ENA North Beac ... h and Natasha Hong, leased a restaurant commercial space from the Defendants, seeking to open an Asian-French fusion restaurant in North Beach. After signing the five-year lease, and making substantial investments in preparation for restaurant opening, our clients discovered that the landlord failed to disclose material facts about the subject property that made it effectively impossible to get proper permitting from the City of San Francisco to open a full-service restaurant serving alcohol. Our clients terminated the lease and commenced litigation for breach of contract, breach of the covenant of good faith and fair dealing, and fraud and concealment.

Employment and labor

Drenberg v. Song, No. CGC-17-563159 (Cal. Super. Ct. 2018)

Jan 01, 2018

OUTCOME: Win on motion

Plaintiff brought action against our client alleging he had been hired but not paid to write software. We successfully dismissed the lawsuit on a motion arguing that the California Court had no jurisdi ... ction over a foreign resident.

Business

Griffin v. Rosso Accountancy Corp., No. 1100086369 (JAMS Arb. 2017)

Jan 02, 2017

OUTCOME: Win in arbitration

The firm represented a businessperson who had sold her accountancy practice to a fellow CPA. The buyer-accountant defaulted on the purchase and sale agreement. We arbitrated the matter winning all dama ... ges sought plus attorneys' fees and costs for a total exceeding $200,000.

Contracts and agreements

Fujimura v. EigoManga, LLC, No. CGC-14-542983 (Cal. Super. Ct. 2016)

Jan 01, 2016

OUTCOME: Win on motion

The firm represented a videogame developer, eigoManga LLC who was accused of stealing work and ideas from a plaintiff Taiko Fujimura in the production of a videogame ported for the English speaking mar ... ket entitled Vanguard Princess. We filed multiple demurrers arguing that the facts did not justify Fujimura’s claims. The Court agreed, dismissing the entire action against our client and awarding eigoManga its court costs as the prevailing party.

Copyright infringement

Big Industries Productions LLC v. Fournier, No. 74-140-000297-12 S1M (Am. Arb. Assoc. 2013)

Jun 06, 2013

OUTCOME: Arbitration Win

We represented an indie movie producer, Big Industries Productions, LLC (“Big Industries”) on claims of breach of contract, breach of copyright, conversion, fraud, and related torts. We prevailed on al ... most all claims. In determining the producer, not the director, was the rightful owner of the documentary in dispute, an American Arbitration Association (“AAA”) panel awarded our client a full injunctive remedy, plus damages, plus his attorneys fees and costs. In his award, the Arbitrator commented: To say this case was arduous would not do it justice; this case was hard fought, difficult, thoroughly briefed and argued, and the product of very good lawyering and legal arguments in the face of sometimes challenging factual, legal, procedural, and case management hurdles. I applaud counsel for their professionalism throughout and their efforts to assist their clients, and me, in obtaining an effective resolution of their dispute. Final Reasoned Decision and Award § 1.4, June 6, 2013 (full decision available upon request).

Employment and labor

Hicks v. Yuen, Case No. CGC-09-492236 (Cal. Super. Ct., S.F. County 2011)

Jun 20, 2011

OUTCOME: Trial Win on Complaint; Trial Win on Cross-Complaint

In this matter independent contractors claimed to be our clients' employees and sought statutory damages for employment misclassification and for on-the-job back injury. We defended by proving that th ... e contractors were not employees. We also cross-complained that the contractors performed certain work without a proper license under California's strict Business and Professions Code. After a four-week bench trial, the Court dismissed all of the contractors causes of action against our clients and awarded for us, and against the contractors, nearly a quarter of a million dollars on our cross complaint and all costs.

Litigation

Youhas v. Walters & Kondrasheff, CPAs, Case No. CV 164423 (Cal. Super Ct., Santa Cruz County 2010)

Mar 01, 2010

OUTCOME: Complete Dismissal on Demurrer

Plaintiff, Thomas Youhas ran a business called Toy Science. Unbeknownst to Mr. Youhas, his bookkeeper was embezzling hundreds of thousands of dollars from his company. Mr. Youhas sued his accounting ... firm, Walters and Kondrasheff claiming that the accounting firm should have set up controls to catch his bookkeeper’s embezzlement. Mr. Youhas’ claims were ill-founded since the accounting firm was not hired to set up controls; rather the firm was simply asked to prepare taxes. Our firm represented the accountants and had the entire lawsuit dismissed on demurrer. We argued, and the court agreed that (1) Mr. Youhas' Unfair Competition claim improperly plead damages, (2) that Mr. Youhas' emotional distress causes of action failed to assert non-economic harm, (3) that Mr. Youhas lacked standing to bring the lawsuit because he was not the real party in interest, and (4) that all claims were barred by the statute of limitations.

Litigation

Mozingo v. Moreland and Davis Accountancy Corp., Case No. RG09470752 (Cal. Super. Ct. Alameda County 2010)

Feb 01, 2010

OUTCOME: $0 dismissal

In this case a client accused her former accountant and CPA of conducting a ponzi scheme. After conducting discovery, we were able to negotiate a $0 dismissal of all causes of action against our client ... s.

B Douglas Robbins's Legal Cases (21)

Mejia v. Roussos Constr., Inc., 76 Cal. App. 5th 811 (2022)

Young v. Buchholz, Case No. 202012-12137619 (DFEH May 3, 2021)

ENA N. Beach, Inc. v. 524 Union St., 43 Cal. App. 5th 195 (2019)

Drenberg v. Song, No. CGC-17-563159 (Cal. Super. Ct. 2018)

Griffin v. Rosso Accountancy Corp., No. 1100086369 (JAMS Arb. 2017)

Fujimura v. EigoManga, LLC, No. CGC-14-542983 (Cal. Super. Ct. 2016)

Big Industries Productions LLC v. Fournier, No. 74-140-000297-12 S1M (Am. Arb. Assoc. 2013)

Hicks v. Yuen, Case No. CGC-09-492236 (Cal. Super. Ct., S.F. County 2011)

Youhas v. Walters & Kondrasheff, CPAs, Case No. CV 164423 (Cal. Super Ct., Santa Cruz County 2010)

Mozingo v. Moreland and Davis Accountancy Corp., Case No. RG09470752 (Cal. Super. Ct. Alameda County 2010)