Employment and labor Lawyer
Practice Areas: Employment & Labor, Personal Injury, Workers Compensation
OUTCOME: Partial reversal of summary judgment; remanded for trial on age and disability FEHA claims
Court of Appeal reversed summary judgment on most claims, holding triable issues existed as to disability discrimination, age discrimination, failure to accommodate, failure to engage in the interactiv ... e process, and failure to prevent discrimination, while affirming only dismissal of the retaliation claim.
OUTCOME: Partial reversal; FEHA harassment and IIED claims reinstated
Court of Appeal reversed summary judgment in part, holding the trial court erred in dismissing FEHA harassment and failure-to-prevent-harassment claims, as well as intentional infliction of emotional d ... istress, because triable issues of fact existed. Affirmed dismissal of retaliation, assault/battery, and wage-and-hour claims; remanded for further proceedings on surviving causes of action.
OUTCOME: Affirmed denial of petition to compel arbitration
Court of Appeal affirmed denial of defendants petition to compel arbitration, holding nonsignatory defendants were not bound by arbitration provisions and that equitable estoppel and agency theories di ... d not apply. Trial court acted within its discretion under CCP 1281.2(c) to avoid conflicting rulings by allowing the case to proceed in court. Covered by MetNews.
OUTCOME: Jury Verdict for $2,646,973.73 in damages
Facts and Background: Plaintiff is an aspiring actress who was injured on August 13, 2013 while voluntarily performing in a film titled Punk Rear Guard. The film was conceived of and directed by defen ... dant Kathryn Ferguson and was to be shown on a fashion website known as ShowStudio.com. The choreographer for the film was Claude Racine. The production company was Connect the Dots, Inc. Everyone involved in the film, including plaintiff, provided their services for free in exchange for a credit on the film. The film was supposed to feature a number of dancers dressed as cheerleaders performing a ground-based dance routine. The dancers/cheerleaders were not supposed to perform any stunts and no precautions were taken for stunts. The choreographer asked for volunteers to perform a “basic” stunt. Plaintiff (an experienced cheerleader) and several others agreed to do the stunt which featured two cheerleaders holding a third up in the air. While practicing the stunt, plaintiff fell and fractured her right elbow. Plaintiff's Contentions: That production company Connect the Dots, Inc. was negligent for failing to be present to supervise the rehearsal and failing to stop the stunt and for not hiring proper personnel to assist with the stunt. Defendant's Contentions: That plaintiff assumed the risk of participating in the stunt, that Connect the Dots did nothing to increase the inherent risks in cheerleading/stunting, and that no special safety precautions were required for the stunt. Connect the Dots also disputed the nature and extent of plaintiff’s claim for future medical care.
OUTCOME: Settled for policy limits
Client was a gas station attendant. While working, he was crushed between a moving and parked vehicle.
OUTCOME: $237,500
Minor patient went in for a stomach surgery. The stomach surgery went awry, resulting in the patient's death.
OUTCOME: $140,000 judgment
Defendants paid Plaintiffs cash under the table, below minimum wage, lacking in overtime.
OUTCOME: $50,000 Judgment Recovered
Plaintiff obtained a judgment for which he was never paid. We helped collect by levying the Defendant's house.
OUTCOME: $165,000 Settlement
Clients were not paid for overtime, breaks, and not issued accurate wage statements.
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