Petaluma, CA
Litigation Lawyer at Petaluma, CA
Practice Areas: Litigation, Employment & Labor, Discrimination
OUTCOME: Reverse and remand district court's dismissal of class action complaint as an abuse of discretion.
Trial court signed an order dismissing claims arising under Penal Code, sections 632, 632.7 because the complaint failed to allege the recorded communications were confidential and subject to a reasona ... ble expectation of privacy, even though no such requirement applied to claims arising under section 632.7.
OUTCOME: Reverse the judgment of the Court of Appeal on claim for attorney fees.
Neither section 1194 nor section 218.5 authorizes an award of attorney‟s fees to a party that prevails on a section 226.7 claim.
OUTCOME: Let a peremptory writ of mandate issue directing respondent Los Angeles County Superior Court to vacate its order granting a motion for summary adjudication.
Petitioners were entitled to seek premium pay under section 226.7 of the Labor Code for any failure by the employer to provide mandatory second meal periods
OUTCOME: Plaintiff prevailed on Remand to State Court
Because the CBA relates only to Defendant's asserted defenses, and does not clearly or unmistakably interpret Plaintiffs state law claims or require arbitration of Plaintiff's state law claims, there i ... s no § 301 preemption and removal is improper.
OUTCOME: Reversed judgment of the Trial Court sustaining a demurrer without leave to amend.
Claims brought under section 3099 of the Labor Code arise independently of the prevailing wage law and do not challenge the authority of the Director to determine the scope of work or the prevailing wa ... ge.
OUTCOME: Writ of mandate issued directing the superior court to vacate its order ruling Wage Order 16 invalid and to issue a new and different order.
Reversing decision that Brinderson had properly adopted an alternative workweek schedule in December 1999 and that Wage Order 16 did not invalidate the alternative workweek schedule or require another ... election because: (1) “Wage Order 16 was not accompanied by the required adequate statement of the basis”; (2) “Wage Order 16 was not properly published”; and (3) Wage Order 16 is “unreasonable, arbitrary, capricious, and unfair” because it contains an unworkable definition of “given craft.”
OUTCOME: Reverse the judgment of the Court of Appeal on applying the prevailing wage law.
Under the law in effect when the contract at issue was executed, a project that private developers build solely with private funds on land leased from a public agency remains private. It does not becom ... e a public work subject to the prevailing wage law merely because the City had earlier contributed funds to the owner/lessee to assist in defraying such "preconstruction" costs or expenses as legal fees, insurance premiums, architectural design costs, and project management and surveying fees.
OUTCOME: Reverse the judgment of the Court of Appeal on whether certifying matter as a class action.
Whether the trial court abused its discretion in certifying as a class action this suit for recovery of unpaid overtime compensation.
OUTCOME: Order of the Board denying reconsideration is annulled. The matter is remanded with directions to grant reconsideration and deny Barnes' petition for penalty.
The WCAB erred in finding the delay was unreasonable and assessing a penalty.
OUTCOME: Judgment of the Court of Appeal is affirmed and the matter is remanded for further proceedings
Disgorgement to a fluid recovery fund of all profit defendant may have earned by withholding overtime wages is not permitted, defendant may be compelled to restore unpaid wages to its employees and for ... mer employees. Once earned, those unpaid wages became property to which the employees were entitled. Failure to promptly pay those wages was unlawful and thus an unfair business practice. Section 17203 expressly authorizes orders necessary to restore money or property to any person in interest from whom the money or property has been obtained through an unfair business practice.
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