Upcoming Litigation
* June 2010: Escobedo v. Kaiser Permanente, et al; Sacramento County Superior Court. A disability discrimination and failure to accommodate lawsuit filed by a nurse who was terminated after working for Kaiser hospital for nearly 12 years and who had excellent performance reviews. The lawsuit comes after the appeals board overturned the denial of Ms. Escbedo's unemployment benefits.
* Harrington v. City of Newark, et al; Alameda County Superior Court. A lawsuit filed for defamation and sexual orientation discrimination on behalf of a police office against his former employer Newark Police Department. Plaintiff was terminated the day after he was falsely accused of using excessive force during the domestic disturbance call. The individual defendants continued to spread false rumors about the plaintiff for months after his termination, preventing him from finding an employment in other police departments nationwide.
The parties had an early mediation shortly after the case was filed, but the City came to the table with no meaningful offer of any kind.
Update: June 25, 2010: Plaintiff's defamation claims were dismissed. The court held that the statements made by the police officers were within absolute privilege as official statements. The court allowed the Plaintiff's sexual orientation cause of action to proceed.
* Puciata v. CA DMV - Sacramento County Superior Court - disability discrimination and failure to accommodate claim. A hearing officer with a history of outstanding performance reviews and a number of recognition letters from his chiefs has been displaced from his home office and was forced to drive for over an hour a day after reporting his medication condition and was eventually terminated based on false allegations of misconduct.
* Sotoudeh v. Panera Bread, LLC., Northern District of California / Alameda County Superior Court. A disability harassment case. Plaintiff's supervisor followed plaintiff at workplace and forced him to walk and work faster, despite Plaintiff's obvious limping and difficulty walking.
Update - June 25, 2010: The case has been remanded to state court after the defendants unsuccessfully opposed Plaintiff motion to remand the case from Federal court to Contra Costa County Superior court.
*Kaid v. Able Building Maintenance, Inc., San Francisco Superior Court, this is a racial and disability discrimination case. The employer refused to reinstate Plaintiff back to work for almost two years after he was released by his doctor to full duty from disability leave. One of the reasons for refusing to reinstate was a suspicion that plaintiff, who is originally from Yemen, was involved in terrorist activities and was a bomb threat. Trial set for October 18, 2010.
*Picot v. Glas Kat Club, San Francisco Superior Court, this is an injury claim arising from assault and battery. Picot and Stafford, the co-plaintiff, was attacked and severely beaten for a number of minutes while being on the premises of the Defendant's club, sustaining serious injuries. Trial set for November 15, 2010.
*England v. Estee Lauder, Inc. Sacramento Superior Court, the employer refused to reinstated plaintiff after she returned from pregnancy related disability leave in violation of FEHA, PDL and other state laws.
*Morse v. Jet Blue Airways, Inc. Northern District of California, this is a slip and fall case in which Plaintiff was fell and severely injured while disembarking from a slippery staircase at the San Jose airport.
*Clock v. Diede Property Management, Inc., San Joaquin County Superior Court, this is a retaliation case in which an older gentleman was fired just a few days after sustained an industrial injury and filing a workers compensation claim.
Highlights of Recent Results of Our Legal Representation
January 2010
* Pre-litigation settlement on behalf of a terminated employee who was falsely accused of falsifying time-cards after working at a company for three years. * Denial of unemployment benefits to a baker at a restaurant was reversed on appeal and the benefits were ordered to be paid, after the employer did not show up for a hearing and the employee presented compelling evidence that his termination did not arise from "misconduct" and that he was set up to fail, but having his duties significantly increase while his hours of work being reduced.
* $50,000 severance package negotiated for a an executive at a non-profit corporatoin who was laid off at the age of 61
November 2009
*$125,000.00 settlement in the wrongful termination claim, involving failure to accommodate an administrative analyst's mental disability.
*$45,000.00 settlement 3 months before trial against a Silicon Valley company for failure to prevent racial harassment (disputed facts and liability).
October 2009
* Reversal of the denial of unemployment benefits to the car mechanic who was terminated from the high-end dealership service center in South Bay, after he was falsely accused of falsifying service order documentation.
*120,000 pre-trial settlement with the oil recycling company that failed to accommodate a worker who was terminated after being diagnosed with diabetes and who was forced to leave his workplace due to severe symptoms of diabetes.
September 2009
*$99,900 pre-trial settlement in a slip-and-fall injury case involving herniation and pre-existing condition. Alameda County.
*$58,000 settlement of a wage dispute, where the employer wrongfully argued that the employee was exempt and thus not covered by overtime compensation laws.
*$75,000 recovered in a failure to pay on a promissory note, where the creditor resided abroad and sought legal representation of a local council.
July 2009
*$20,000.00 in a slip-and-fall claim against Autozone, Inc., in Sacramento County.
*$45,000.00 severance payment negotiated to an administrative employee of a medium-size advertising company.
June 2009
*162,500 pre-trial settlement for injuries sustained by a victim of intentional beating in San Mateo County.
May 2009
* $85,000 pre-litigation settlement in a claim for unpaid commissions under the sales consulting / employment contract.
April 2009
* A policy limits settlement in a claim involving a bicyclist suffering a mild lower back fracture when a parked driver opened his door and caused the victim collide into his vehicle.
March 2009
* A $150,000 mediation settlement in a failure to investigation and retaliation claim against domestic airline.
January 2009
* A $90,000.00 pre-arbitration settlement is reached in the age-discrimination claim filed by a former car salesman against a dealership in Sacramento Area.
November 2008
* 85,000.00 settlement in retaliation and wrongful termination claim of a management level employee in a major company in the East Bay.
October 2008
* $75,000.00 settlement for an employee who has been terminated in retaliation for reporting his employer's misconduct to a public agency (whistle blower retaliation claim).
* Settlement of negligent legal representation claim against an attorney who failed to preserve a statute of limitation in a personal injury action.
August 2008
* A six-figure recovery of damages in a disputed liability wrongful death case in Sacramento County.
July 2008
* $80,000 severance package negotiated for a laid off financial officer of a major bank in California.
June 2008
*$95,000 recovered in a business dispute over compensation for consulting services between two international software companies.
May 2008
* A trademark infringement lawsuit against our client has been dismissed after filing a demurrer and successful negotiation with the opposing party.
March 2008
* A $65,000 settlement to the victim of a motorcycle accident in which she was broadsided by a car. * A 15,000 award to tenant who fell and injured her leg on her landlord's property due to the landlord's failure to repair a condition on his property.