Overall Rating
This is an aggregated review score of Avvo and Lawyers.com reviews.
This is an aggregated review score of Avvo and Lawyers.com reviews.
4.0 /5.0
12 Client Reviews
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David Emilio Mastagni
also known as David E. Mastagni
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About David
Biography
As a partner with Mastagni Holstedt, APC’s Labor Department, David E. Mastagni excels in labor and employment law, representing clients in complex litigation at both state and federal levels. He is recognized as a PORAC Legal Defense Fund panel attorney and holds admission in several U.S. District Courts in California, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court. David has dedicated his legal career to representing public safety representatives and members, focusing on intricate civil, class-action, and collective-action litigation in labor and employment law. He addresses matters related to the Fair Labor Standards Act, the Public Safety Officers’ Procedural Bill of Rights, and the California Labor Code. His skills in collective bargaining and interest arbitration are notable. David has obtained legal reviews from the First and Third California Appellate Districts, the California Supreme Court, and the Ninth Circuit Court of Appeals, with petitions for review in the U.S. Supreme Court. A distinguished lecturer on key labor law topics, David holds the prestigious “AV Preeminent” Peer Review Rating from Martindale-Hubbell, reflecting his high level of professional excellence acknowledged by peers.
Practice Areas
5
Practice Areas
Appeals
20%
Class Action
20%
27 years
Constitutional
20%
27 years
Employment and Labor
20%
27 years
Fees and Rates
Cost
Hourly Rates
$ 300-650 per hour
Contingency
33%-40%
Retainer
Sometimes
Payment Methods
- Check
Awards
Licenses
Licensed in California for 26 years
State: California
Acquired: 1999
No misconduct found
Location
Gallery
Online Presence
Other places you can find David online.
David Emilio Mastagni's Reviews
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Posted by anonymous | April 30, 2018 | Employment & Labor
Still speaking
I'm still in consultation with a collegue at the firm. So far so good. Looking over my papers now. Hopefully they can hold my company & management accountiable for their jobs, just like I am held accountiable for my job.
David Emilio Mastagni's Lawyer Endorsements
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Jeffrey Bishop
Litigation lawyer
Experience
Honors
2025
Super Lawyer, Super Lawyers
2024
Super Lawyer, Super Lawyers
2023
Super Lawyer, Super Lawyers
2022
Super Lawyer, Super Lawyers
2021
Super Lawyer, Super Lawyers
2020
Super Lawyer, Super Lawyers
2019
Super Lawyer, Super Lawyers
2018
America’s Top 100 High Stakes Litigators, America’s Top 100 High Stakes Litigators
2018
Super Lawyer, Super Lawyers
2017
Super Lawyer, Super Lawyers
2016
Super Lawyer, Super Lawyers
2015
Super Lawyer, Super Lawyers
2014
Rising Star, Super Lawyers
2013
Rising Star, Super Lawyers
2012
Rising Star, Super Lawyers
2011
Rising Star, Super Lawyers
N/A
AV Preeminent Rated, Martindale-Hubbell
N/A
Client Champion Award, Martindale-Hubbell
N/A
Top Attorneys in Sacramento 2015-2019, Sacramento Magazine
N/A
Selected To Super Lawyers: 2015-2019, Super Lawyers
N/A
Best of the Bar 2013-2016, Sacramento Business Journal
N/A
American Jurisprudence Bancroft-Whitney Award, UC Berkeley SOL Boalt Hall
N/A
Peer Review Rating of AV Preeminent, Martindale-Hubble
N/A
Super Lawyers Northern California Rising Stars 2011-2014, Super Lawyers
Work Experience
1999 - Present
Partner, Mastagni, Holstedt, Amick, Miller & Johnsen
1900 - Present
Partner, Mastagni Holstedt, A.P.C.
Associations
Sacramento County Bar Association
Labor and Employment Law Section of the State Bar of California
American Association for Justice
AFL-CIO Lawyers Coordinating Committee
American Bar Association, Section of Labor and Employment Law
California Employment Lawyers Association
Sample of Legal Cases
Aboudara v. City of Santa Rosa (May 10, 2019, Case No. 4:17-cv-01661-HSG)
Settled for $976,672.28., 2019
Cal Fire Local 2881 v. California Public Employees' Retirement System (2019), ---P.3d---, 2019 WL 1008413
Quiroz v. City of Ceres (E.D. Cal., Mar. 1, 2019, No. 117CV00444DADBAM) 2019 WL 1005071
Settled for $150,000.
Valentine v. Sacramento Metropolitan Fire District (E.D. Cal., Feb. 15, 2019, No. 217CV00827KJMEFB) 2019 WL 651654.
Settled for over $1.376 million.
Englert v. City of Merced (E.D. Cal., Dec. 21, 2018, No. 118CV01239LJOSAB) 2018 WL 6727995
Seguin v. County of Tulare (E.D. Cal., Apr. 24, 2018, No. 116CV01262DADSAB) 2018 WL 1919823,
Settled for over $190,000.00.
Slezak v. City of Palo Alto (N.D. Cal., June 22, 2017, No. 16-CV-03224-LHK) 2017 WL 2688224
$165,00.00 recovery
City of Palo Alto v. Public Employment Relations Board (2016) 5 Cal.App.5th 1271, review denied (Mar. 15, 2017)
Obtained ruling ballot measure violated the MMBA
Ketchum v. City of Vallejo, 523 F. Supp. 2d 1150 (E.D. Cal. 2007)
The claims were resolved through a bankruptcy settlement for for an aggregate claim of $659,880.00, a portion of which was discharged in bankruptcy.
Mitchell v. County Of Monterey (5:08-cv-01166-JW)
Settled for approximately $441,000.00 and policy changes that included 8-16 hours of annual compensatory leave for non-parties and an overtime definition that surpasses FLSA requirements.
Horton et al v. County of Sacramento (2:09-cv-00806-FCD-KJN),
$210,000.00 settlement.
Abubakar, et al. v. County of Solano (6-CV-2268-LKK-EFB)
$1.425 million settlement.
Fay et al. v. The Wackenhut Corporation et al. (San Mateo County Superior Court, Case No. CIV 454586)
$1.75 million settlement.
Black v. City of Marysville (2:06-cv-01104-GEB-EFB)
Settled for approximately $120,000.
Anderson et al. v. The County of Tulare (Case 1:05-cv-01498-FVS-SMS)
Settled for $1,100,000.00.
Alba v. City and County of San Francisco (Case 3:05-cv-01667-TEH)
Settled for approximately $625,000.00.
Belmont v. County of San Mateo (4:05-cv-03192-SBA)
Settled for approximately $180,000.00.
Agdipa v. Grant Joint Union High School District (2:06-cv-01365-RRB-DAD)
Settled for approximately $46,329.94.
Ahrens v. City of Roseville (2:05-cv-00389-GEB-GGH)
Settled for approximately $180,000.00.
Unfiled Claim by approximately 60 Mountain View Firefighters
Settled for approximately $550,000.00.
Placer County, Cal. v. Baldwin (2006) 546 U.S. 1170, 126 S.Ct. 1331
Abbott v. County of Sacramento (2:02-cv-00693-FCD-DAD)
Settled for approximately $900,000.00.
Mortensen v. County of Sacramento, 368 F.3d 1082, 1085 (9th Cir. 2004)
Farnsworth v. City of Sacramento Civil Service Bd., (3rd Dist. 2003) 2003 WL 22793116
Appellate Court affirmed issuance of the Writ.
Rath v. Sacramento County Deputy Sheriffs' Ass'n (3d Dist. 2002) 2002 WL 32355
Appellate court reversed trial decision.
Sacramento Police Officer’s Ass’n v. Venegas (3rd Dist. 2002) 101 Cal.App.4th 916
City ordered to provide officer adverse comments maintained by Internal Affairs in his personnel files.
Stockton Police Officers Ass'n v. City of Stockton, San Joaquin County Superior Court, Case No. 39-2010-00245197
Superior Court ruled city cannot reject labor contract by declaring a fiscal emergency.
Education
1999
UC Berkeley SOL Boalt Hall
law
1996
University of California at Davis
BA
1996
Univ of California Davis
undergraduate
Speaking Engagements
2019
Public Records Act Litigation Seminar
Battle Royal Over Police Records and the PRA
2019
Open Meetings and Open Records Conference 2019
“An Update on the State of the PRA and Police Personnel Records”
2019
League of California Cities Annual Conference & Expo
Re-imagining Modern Policing In California
2019
Internal Affairs Seminar
Police Civil Rights Considerations and Constitutional Limitations in Police Disciplinary Activities
2019
CPOA Training
“Records Release Mandates: Law Enforcement's New Normal”
2019
California Police Chiefs Association Annual Training Symposium
Managing (Not So) Confidential Records in a New Era of Transparency: Labor and Management Attorneys Provide Strategic Guidance for Confronting SB 1421 and AB 748
2018
CPOA Training
Public Records Act
2018
2017
Public Records Act Litigation
“Public Records Act Litigation: Special Issues Involving Law Enforcement”, speaker at in Sacramento on June 10, 2015.
2017
Labor & Employment Law Section 23rd Annual Public Sector Conference
“Overtime pay for cash in lieu payments to employees? Navigating the complex world of FLSA compliance post Flores v. City of San Gabriel”
2017
30 Hour POST approved Class
“Law Enforcement and Legalities in the New Millennium”
2017
30 hour P.O.S.T. approved course
“Law Enforcement and Legalities in the New Millennium”
2016
PORAC 2016 Conference
“Shots Fired, Union Down: MAPE v. MCERA and Other Legal Assaults on Public Sector Unions”,
2015
Public Records Act Litigation
Public Records Act Litigation: Special Issues Involving Law Enforcement”
2015
PORAC 2015 Conference
“Vested Rights and Protecting Health Care Benefits during Negotiations”
2015
CDAIA 2015 Annual Training Conference
Brady Reality: Living With & Understanding and its Responsibilities & Implications
2014
Peace Officers Research Association of California Conference
“Negotiating Effective Policies on Critical Issues: Body Cameras, AVL, and Post-PEPRA Pensions”
2013
PORAC Symposium
“Municipal Bankruptcy: Coming Soon To a Location Near You?”,
2013
CUSA Conference
"Social Media for Public Employees: What’s Legal?” & "Discharging Pension Obligations in Bankruptcy"
2013
2012
Michael D. McNeill Western Regional Fire Fighters Conference
SOCIAL MEDIA: New Legal Rights and Responsibilities for Firefighters, Unions, and Employers
2012
CPOA Training
New Technology- What’s Legal?
2012
Corrections USA Conference
Collective Bargaining Under Assault: Contract Impairment Based Upon Claimed Fiscal Emergency
2012
COPSWEST
The Latest On Video and Microphone Technology & the Law
2012
California Police Chiefs Association
Are the Risks of Police Personnel Matters Surpassing Civil Rights Litigation?
2011
PORAC Symposium
The State of Local Agency Negotiations: What Is on or Just over the Horizon
2011
Michael D. McNeill Western Regional Fire Fighters Conference
Wage and Hour Issues for Firefighters
2010
PORAC Conference
Enforcement of Your Legal Rights While Negotiating Through the Economic Crisis
Publications
2017
2012-2019 Midwinter Treatise Supplement: The Fair Labor Standards Act, American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee.
Midwinter Treatise Supplement: The Fair Labor Standards Act
2012
2012 Midwinter Treatise Supplement: The Fair Labor Standards Act by the American Bar Association, Section of Labor and Employment Law, Fair Labor Standards Act Subcommittee
2012 Midwinter Treatise Supplement: The Fair Labor Standards Act
2012
California Employment Law Letter,Vol. 21, Issue 22, February 27, 2012
"A Very, Very, Very Fine Ruling Against 'Emergency' Power Grab"
2011
California Employment Law Letter, Vol. 21, Issue 11, September 12, 2011
"Op-ed: SPOA claims misuse of public funds for city manager's private dispute"
Languages
English
Activity
Legal Guides