Phyllis W. Cheng, Esq.

• Pre-litigation action by a substitute teacher alleging that her former employer, a charter school, discriminated and retaliated against her in violation of the FEHA and Labor Code section 1102.5. She alleged that the charter school wrongfully terminated her for being a whistleblower when she objected to behavioral intervention for an African-American preschooler without an individualized education plan as required by the IDEA. The charter school alleged that the substitute teacher repeatedly failed to follow lesson plans for teachers whose classes she covered, that these teachers complained about her, and that she was tardy in carrying out her duties. Resolved by mediator’s proposal.
• Two actions involving the same parties. In the first state court action, fashion designer alleged that her former employer, a garment manufacturer, created a hostile work environment in which a supervisor sexually harassed and retaliated against her in violation of the FEHA, wrongfully terminated her, and engaged in unfair business practices. Manufacturer denied these allegations, claiming instead that designer was among several employees laid off because of a business downturn. In the second federal court action, manufacturer alleged that after designer was laid off, she infringed copyrightable photos from the company’s servers without permission. Designer claimed that she created the photographed images, which had not been copyrighted at the time. Resolved globally by mediator’s proposal.
• Pre-litigation action by a packer alleging that her former employer, a meat packing company, violated the FEHA by discriminating against her on the basis of gender when only male employees were recognized on their first-year work anniversaries, failed to engage with her in the interactive process and reasonably accommodate her request to visit her mother in the hospital, constructively terminated her in violation of public policy, and violated various wage-and-hour laws. The company denied these claims, alleging instead that the packer did not request for any recognition or reasonable accommodation, was fully compensated for overtime, was given first meal breaks, signed waivers for second meal breaks, and voluntarily resigned. Resolved by mediator’s proposal.
• Pre-litigation action by a teacher alleging that her former employer, a charter school, retaliated against her for complaining about a kindergarten student’s physical battery of the teacher and other students, which she alleged created an unsafe education and work environment. She alleged that following her repeated complaints, the school failed to assist her and eventually retaliated against and terminated her in violation of Labor Code sections 232.5, 1102.5, and 6310. The school alleged that the teacher had the assistance of another teacher and a teacher’s aide in her classroom, that the teacher was unable to cooperate with her colleagues, and that the student in question was eventually provided with an Individual Education Plan (IEP) for his learning disability. Resolved by mediator’s proposal.
• Pre-litigation action by an executive assistant alleging that her former employer, a film production company and its owner, created a hostile work environment in which she encountered sexual harassment from the owner and third parties, failed to prevent such harassment, wrongfully terminated her in violation of public policy, and intentionally inflicted emotional distress upon her. The employer denied these claims, alleging instead that this sole employee was frequently absent or tardy, failed to perform her job while owner was working out of the country, changed passwords to prevent the employer’s access to electronic files, and used malware to remove proprietary information from the company’s computer system. Resolved by mediator’s proposal.

• Pre-litigation action by media specialist alleging that her employer, a seminary and its leader, violated the FEHA by sexually harassing her, discriminating and retaliating against her, committing gender-based violence against her, and violating the Ralph Civil Rights Act against her. The seminary denied the allegations, claiming that it is a religious nonprofit organization exempt under the FEHA, any intimate relationship between the the employee and the leader was consensual, and that the employee had manipulated the leader out of a substantial sum from his life savings. Resolved by mediator's proposal.
• Three individual actions by a septuagenarian and two sexagenarian sales professionals in the auto industry alleging that their former employer, the new owner of an auto dealership, discriminated against them on the basis of their age, retaliated against them for complaining, failed to prevent discrimination from occurring, wrongfully demoted, terminated or constructively terminated them in violation of public policy and an implied employment agreement. The dealership alleged that it terminated the employees for legitimate business reasons, because they refused or failed to implement the company’s business plan during the COVID-19 pandemic’s downturn and supply chain challenges. Resolved on continued mediation by mediator’s proposal.
• Action by business development director alleging that her former employer, a cyber security company, discriminated against and harassed her on the basis of her high-risk pregnancy, retaliated against her for taking pregnancy leave followed by CFRA leave, did not engage in the interactive process or reasonably accommodate her disability, and wrongfully terminated her on the day after she returned from CFRA leave. The company alleged that it terminated the employee for her poor performance and toxic personality. Resolved following mediation.
• Action by musician alleging that his employer, an orchestra, failed to engage in the interactive process and reasonably accommodate him, because his disability prevented him from abiding with the orchestra’s mandatory COVID-19 vaccine mandate. Orchestra alleged that the musician failed to submit doctor’s notes sufficient to meet exemptions under its mandate. Resolved post-mediation by mediator's proposal.
• Action by an eight-year non-exempt shift manager alleging that her former employer, a fast-food franchisee that had taken over an existing franchise, violated the FEHA by failing to accommodate her disability, failing to engage in the interactive process, violated the CFRA by failing to provide her with leave for her own serious health condition, interfered with such leave, and retaliated against her for taking leave, contravened wage and hour laws, wrongfully terminated her, and engaged in unlawful business practices. Employer alleged that shift manager was not eligible for CFRA/FMLA leave, because she had not accumulated 1250 work hours under the new entity. Even though the business was identical to the former franchise, all employees were retained without having to reapply for their jobs, performed the same duties, and received the same pay, employer claimed shift manager was not entitled to carry over her accumulated 1250 hours from the old to the new regime. Resolved by mediator’s proposal.
• Action by a construction worker alleging that his former employer, a general contractor, violated the FEHA’s disability discrimination and harassment provisions, retaliated against him, failed to engage in the interactive process, failed to reasonably accommodate him, failed to provide him with CFRA leave, retaliated against him for requesting CFRA leave, retaliated against him for being a whistleblower, negligently hired, supervised and retained his supervisor, and wrongfully terminated him in violation of public policy. He also alleged the employer violated wage-and-hour laws including meal and rest breaks, minimum wage, final wages, wage statements, waiting time, and business reimbursements. The general contractor alleged that it was not an employer under the FEHA because it had fewer than five employees, that the worker had never complained about having a disability, and that any wage-and-hour violations were technical. Resolved by mediator’s proposal.
• Action by administrative assistant alleging that her former employer, a cemetery district, and its manager created a hostile work environment in which she was sexually harassed, discriminated against because of her gender, and retaliated against for reporting the unwelcome sexual advance, that she was constructively terminated in violation of public policy, that the employer negligently and intentionally inflicted emotional distress upon her, and breached the covenant of good faith and fair dealing. The employer denied these claims, alleging instead that the administrative assistant was under investigation for wage theft. Resolved by mediator’s proposal.
• Pre-litigation action by teacher alleging that his former employer, a school, had failed to take adequate steps to prevent harassment and discrimination from occurring, and that he had experienced harassment and discrimination on the basis of his race and gender from both students and staff members. Teacher resigned and rejected the severance pay offered by the school. After investigating his complaints, the school found teacher’s allegations to be without merit and not actionable. Resolved by mediator’s proposal.
• Pre-litigation action by staff member alleging that her employer, a seminary, and its leadership violated the FEHA by sexually harassing, discriminating, and retaliating against her, failed to prevent these violations, battered, assaulted, and committed gender violence against her, and violated the Ralph Civil Rights Act. The seminary and its leadership denied the allegations, claiming that the seminary is a religious nonprofit organization exempt under the FEHA, that any intimate relationship between the parties was consensual, and that the employee had manipulated the leader out of a substantial sum. Resolved on post-mediation follow-up.
• Pre-litigation action by COO alleging that her former employer, a start-up clinical research company, discriminated and harassed her on the basis of race and gender, retaliated against her for having taken pregnancy and disability leave, and for being a whistleblower, and wrongfully terminated her in violation of public policy. The company alleged that it had fully accommodated COO on her pregnancy and disability leave, and that business necessity forced the enterprise to restructure the business and layoff many employees, including COO. Resolved by mediator’s proposal.
• Pre-litigation action by school administrator alleging that her employer, a school district, engaged in sex, race, age, and disability discrimination and harassment, retaliated against her for taking CFRA leave for her own serious health condition, and forced her to quit. Administrator alleged that the principals at two different schools where she was assigned were disrespectful to her, which she perceived to be discriminatory. School district alleged that it accommodated administrator’s transfer request, that she failed to submit doctor’s notes to support the entirety of her CFRA leave, that she did not engage in a good faith interactive process in anticipation of returning to work, and that she abandoned her job. Resolved by mediator’s proposal.
• Action by delivery driver alleging that her former employer, a logistics company, and her former supervisor violated the FEHA by engaging in sex discrimination, quid pro quo and hostile work environment sexual harassment, sexual assault and battery, disability discrimination, failed to engage in the interactive process and reasonably accommodate her back disability, intentionally and negligently inflicted emotional distress upon her, negligently hired and supervised her supervisor, violated the Bane Act, retaliated against her under Labor Code section 1102.5, and wrongfully terminated her in violation of public policy. Employer denied these claims, and asserted that driver had agreed to arbitrate her claims. Employer further alleged that driver was terminated because she was unable to safely perform the essential functions of her job on account of her narcolepsy. Moreover, employer and supervisor claimed poverty. Resolved by mediator’s proposal on this and a companion PAGA class action.
• Action by warehouse operations lead alleging that his former employer, a logistics company, engaged in race, disability, and family leave discrimination, failed to engage in the interactive process and reasonably accommodate his disability, retaliated against him for taking CFRA leave, and wrongfully terminated him. The employer alleged that employee failed to submit his leave papers, did not respond to the employer’s queries, and abandoned his job. Resolved on post-mediation follow-up.
• Action by 59-year-old warehouse supervisor with a 32-year tenure alleging that his former employer, a logistics company violated the FEHA by discriminating and harassing him on the basis of his age, and failed to prevent discrimination and harassment from occurring. Employer denied any age bias, alleging instead that it terminated the supervisor for his failure to perform. Resolved by mediator’s proposal.
• Arbitration action by 23-year assistant manager alleging that her former employer, a nonprofit corporation, retaliated against her in violation of Labor Code section 1102.5, wrongfully terminated her in violation of public policy, and intentionally inflicted emotional distress upon her. Assistant manager and other employees had become the unwitting victims of a Ponzi scheme orchestrated by a board member of the non-profit’s foundation and by a high-level executive, losing her life savings. The matter was investigated by the FBI and IRS. When assistant manager and other employees filed a civil action against the nonprofit for its role in the fraud, employer terminated assistant manager. Employer alleged that it was not responsible for the Ponzi scheme, and that assistant manager was terminated for poor performance. Resolved by mediator’s proposal following second mediation.
• Action by a wastewater operator alleging that her former employer, a water district, engaged in sex, disability, pregnancy, and family leave discrimination, failed to engage in the interactive process and reasonably accommodate her disability, created a hostile work environment that enabled sexual harassment, retaliated against her after she complained, was negligent in hiring and supervising its staff, and wrongfully terminated her. The employer alleged that the operator was let go as an at-will employee during her probationary period. Resolved by mediator’s proposal.
• Action by former driver, alleging that his former employer, a package delivery company, discriminated and retaliated against him for taking family leave during the COVID-19 epidemic to protect his child’s serious congenital heart condition, failed to engage in the interactive process, did not reasonably accommodate him, did not take action to prevent discrimination, violated wage-and-hour laws, and wrongfully terminated him. Employer alleged that it had fully complied with wage-and-hour laws, that it had repeatedly accommodated driver, and that it had granted him family leave, but that driver had failed to submit a doctor’s note to extend his leave or to return to work when his leave period expired. Resolved by mediator’s proposal.
• Pre-litigation action by a staff member alleging that her former employer, a non-profit organization providing adult developmental services, discriminated against and harassed her on the basis of her disability, retaliated against her for complaining, failed to prevent discrimination, breached her employment contract, wrongfully terminated her in violation of public policy, and intentionally inflicted emotional distress upon her. Staff member had notified HR and taken off four days for a sinus infection, consulted a doctor, and returned to work afterwards. Staff member and her supervisor had exchanged texts about her expected return date. Employer alleged that it terminated staff member for no call/no show absence. Resolved following mediation.
• Action by journeyman alleging that his former employer, a logistics company, had engaged in the fraud of intentional misrepresentation and false promises, and in wrongful adverse employment action against him during the COVID-19 pandemic. He alleged that COVID-screening procedures caused him to log in late. When the company investigated and found more irregularities, it advised journeyman to resign with the promise of no bar on future rehire. When journeyman later applied for an opening, he was ineligible for rehire. Employer alleged that journeyman had voluntarily resigned after an investigation showed that he was dishonest and had falsified his timecards during the pandemic. Resolved by mediator’s proposal.
• Pre-litigation action by African-American cook alleging that his former employer, a hospitality group, failed to prevent harassment from occurring when co-workers repeatedly used the “N” word and other racial epithets in his presence. When he complained to a supervisor, allegedly no corrective action took place. Instead, cook alleged that employer retaliated against him with a performance improvement plan. Cook further also alleged that employer violated wage and hour laws. Cook ultimately felt forced to quit. Employer denied these allegations, except for one incident when the “N” word was used by a co-worker at a company-sponsored off-site event, after which the co-worker was disciplined. Resolved by mediator’s proposal following mediation.
• Action by recruiter alleging that his former employer, a hospital group, discriminated against him on the basis of disability, failed to engage in the interactive process and reasonably accommodate him on his cardiac condition, retaliated against him, and wrongfully terminated him. Employer alleged that it engaged in the interactive process and reasonably accommodated recruiter with two leave requests. Employer allegedly terminated recruiter for failing to maintain the confidentiality of job searches, which caused embarrassment and confusion. The parties initially stipulated to arbitration. When employer was untimely in paying arbitration fees within 30 days in contravention of Code Civ. Proc. § 1281.97, the matter was remanded to Superior Court. Employer then appealed the ruling to the Court of Appeal. Resolved globally by mediator’s proposal.
• Action by warehouse worker alleging that his former employer, a health care solutions company, discriminated against him on the basis of disability and age, failed to engage in the interactive process and to reasonably accommodate him, retaliated against him, failed to prevent discrimination under the FEHA, negligently inflicted emotional distress upon him, and wrongfully terminated him. Employer alleged that it had engaged in the interactive process and reasonably accommodated worker with over two years of indefinite leave, and that he was unable to perform the essential function of his job of lifting 50 pounds with or without an accommodation. Resolved by mediator’s proposal.
• Action by 20-year, part-time courier alleging that his former employer, a delivery company, discriminated against him on the bases of race, national origin, disability and age; failed to engage in the interactive process; failed to reasonably accommodate him; retaliated against him; wrongfully terminated him in violation of the FEHA; and engaged in unfair business practices. The company alleged that it terminated courier for falsifying his time card for time not worked. Resolved by mediator’s proposal.
• Action by company alleging that its founder, chairperson of its board of directors, and former CEO breached her employment contract, violated trade secrets, breached her duty of loyalty, and breached payment of her promissory note. Founder counterclaimed alleging that company discriminated against her on the basis of gender, failure to prevent sex discrimination, retaliated against her after she complained, wrongfully terminated her in violation of public policy, violated her right of publicity, and misappropriated her name and likeness. Resolved following mediation.
• Pre-litigation action by bartender alleging that her former employer, an airport bar, failed to prevent a hostile work environment created by co-workers and supervisors, refused to transfer her to another establishment, retaliated against her for complaining, failed to accommodate her anxiety and lactation needs, committed wage and hour violations, violated Cal-OSHA guidelines, intentionally inflicted emotional distress upon her, and constructively terminated her. Employer denied the allegations, claiming that bartender failed to report these allegations until after she voluntarily resigned, and that its follow-up investigation found bartender’s allegations to be without merit. Resolved by mediator’s proposal.
• Action in the pre-pandemic era by an 18-year marketing and communications executive alleging that her former employer, a private hospital group, breached her implied contract and implied covenant of good faith and fair dealing, discriminated against her for her physical disability, failed to engage in the interactive process, and failed to reasonably accommodate her driving restrictions. Determining that executive could not perform the essential function of her job with or without an accommodation, hospital group terminated her. Hospital group also alleged that executive took family trips for recreational activities that exceeded her work and driving restrictions. Resolved following mediation.
• Action by assembler alleging that his former employer, a sheet metal fabrication and component manufacturer, discriminated against him on the basis of disability, failed to engage in the interactive process, failed to reasonably accommodate him, retaliated against him, and wrongfully terminated him in violation of the FEHA. The manufacturer alleged that it engaged in the interactive process and reasonably accommodated assembler when he was injured, reassigned him temporarily to light duty, and accommodated his request for leave. However, when manufacturer lost a major client, it was forced to lay off some employees, including assembler, who had been released to return to work. Resolved following mediation.
• Action by maintenance technician alleging that his former employer, a pharmaceutical company, violated the FEHA by discriminating and harassing him on the basis of his national origin (Vietnamese American), by retaliating against him for complaining, by failing to provide a workplace free of discrimination, and by failing to engage in a good faith interactive process, and further that his employer wrongfully terminated him in violation of public policy and\in contravention of his implied employment contract. Employer alleged that the technician was dishonest in reporting that he had spent two hours on inspecting a cleanroom, when access badge records showed he spent only four minutes on the task. As a result, the cleanroom was found to be soaked with leaked water, which led to technician’s termination. Resolved by mediator’s proposal.
• Action by teller alleging that his former employer, a bank, discriminated against him on the basis of his disability after he was injured in an auto accident, failed to engage in the interactive process, retaliated against him for taking CFRA leave, failed to prevent discrimination, negligently supervised his supervisors, and intentionally inflicted emotional distress against him. Bank alleged that it had engaged in the interactive process and fully accommodated teller, that his performance was a concern, and that he was laid off along with many other employees in a reduction-in-force for legitimate business reasons. Resolved by mediator’s proposal.
• Pre-arbitration action by director of nursing alleging that her former employer, a for-profit college, interfered with or unlawfully denied her protected leave in violation of CFRA when she took time off to care for her cancer-stricken stepfather, retaliated against and wrongfully terminated her for taking leave, engaged in unfair business practices, and committed other violations. College alleged that the defenses of mixed motive and the business judgment rule. Resolved through mediation.
• Action by 29-year supervisor alleging that her former employer, a shipping and package delivery business, discriminated against her on the basis of disability, age and sex, failed to engage in the interactive process and to reasonably accommodate her, created a hostile work environment, failed to prevent discrimination and harassment, interfered with her CFRA leave rights, retaliated against her for taking protected leave, and wrongfully terminated her. Employer alleged that supervisor had falsified scanning records, that she had falsely given work credit to a relative who also worked for employer, and had retired voluntarily. Resolved by mediator’s proposal.
• Pre-litigation action by salesperson alleging that her former employer, a medical technologies provider, discriminated against her for her life-long speech and language disability, failed to engage in the interactive process and reasonably accommodate her, failed to prevent discrimination and harassment, retaliated against her for complaining, wrongfully terminated her, failed to pay for her earned commission, and committed various PAGA violations. Employer denied these allegations, claiming instead that salesperson was let go for under performance. Resolved by mediator’s proposal.
• Action by three long-time workers alleging that their former employer, a uniform and apparel company, discriminated, harassed, and retaliated against them on the bases of disability, national origin, sex, association with others with disability, and for having taken family and parental leave, that employer failed to engage in the interactive process and reasonably accommodate them, and that it wrongfully terminated them. Employer alleged the economic downturn during the COVID-19 pandemic forced the company to implement reductions in force that impacted many employees, including these workers. Resolved by mediator’s proposal.
• Action by former account executive alleging that his former employer, an online debit collection business, engaged in fraud, promissory estoppel, breach of contract, intentional and negligent infliction of emotional distress, and unlawful business practices. When executive was laid off and accepted a severance agreement, employer agreed to pay for executive’s COBRA premiums for six months or until he received coverage with a new job. However, employer did not pay for the premiums, and executive paid for the premiums out of his own pocket. Employer alleged that a clerical error caused unintended delay on paying the premiums, that employer reimbursed executive when he filed suit, and that executive failed to inform employer when he received coverage after he was hired for a new job. Resolved by mediator’s proposal.
• Pre-arbitration action by executive director alleging that her former employer, a for-profit vocational university, engaged in age and gender discrimination, terminated her for being a whistleblower in violation of Labor Code section 1102.5, breached the covenant of good faith and fair dealing, and defamed her reputation. Employer denied these claims, alleging that it terminated director for violating the university’s policy. Resolved by mediator’s proposal.
• Pre-arbitration action by director of nursing alleging that her former employer, a for-profit college, interfered with or unlawfully denied her protected leave in violation of CFRA when she took time off to care for her cancer-stricken stepfather, retaliated against and wrongfully terminated her for taking leave, engaged in unfair business practices, and committed other violations. College alleged that the defenses of mixed motive and the business judgment rule. Resolved through mediation.
• Action by 12-year operations supervisor alleging that his former employer, a waste service, discriminated and retaliated against him for being associated with a disabled person, and failed to engage in the interactive process and reasonably accommodate him under the FEHA when he took protected family leave to care for his son, who underwent surgery and chemotherapy for a cancerous brain tumor. Company denied these claims, alleging instead that supervisor was terminated for unsatisfactory job performance. Resolved on follow up by mediator’s proposal.
• Action by two siblings alleging that their former employer, a labeling company, had discriminated against brother for his disability after he tested positive for COVID-19 in the early days of the pandemic, discriminated against sister because she was associated with brother, failed to engage in the interactive process, failed to provide reasonable accommodation, failed to prevent discrimination, and wrongfully terminated them. Employer denied these charges, alleging instead that the siblings, who had worked there for decades, had violated company policy. Brother had dropped off lunch for a co-worker at the company parking lot before he learned of his positive COVID test results. Sister had left work early, refused to sign a warning for allegedly failing to report brother’s condition before she knew he had COVID, and took days off for illness without prior approval. Resolved on follow up by mediator’s proposal.
• Pre-arbitration action by 14-year supply operator alleging that his former employer, an organ and tissue donation group, discriminated against him on the basis of disability, national origin, and race, failed to engage in the interactive process, failed to reasonably accommodate him, and retaliated against him for taking CFRA and disability leave. Employer alleged that it had reasonably accommodated employee’s disability by granting him CFRA leave, and extending his disability leave under a personal leave. However, immediately before employee could return to work without any restrictions, employer reorganized and eliminated employee’s job, sent him a letter of termination, and advised him to look for open positions on employer’s Web site. Resolved by mediator’s proposal following mediation.
• Action by teller alleging that his former employer, a bank, discriminated against him on the basis of his disability after he was injured in an auto accident, failed to engage in the interactive process, retaliated against him for taking CFRA leave, failed to prevent discrimination, negligently supervised his supervisors, and intentionally inflicted emotional distress against him. Bank alleged that it had engaged in the interactive process and fully accommodated teller, that his performance was a concern, and that he was laid off along with many other employees in a reduction-in-force for legitimate business reasons. Resolved by mediator’s proposal.
• Action by a part-time sales associate alleging that her former employer, a retail store, violated the FEHA by discriminating against and harassing her because of her race, failed to prevent discrimination and harassment, retaliated against her when she complained about selective enforcement of the dress code and insufficient training, constructively terminated her, violated public policy by virtue of the above, and intentionally inflicted emotional distress upon her. Employer alleged that it had immediately addressed sales associate’s concerns, was ready to train employee on various skills, including theft prevention by customers, when associate voluntarily resigned and confirmed her decision upon follow-up by employer. Resolved following mediation.
• Action by manager alleging that her former employer, a bank, engaged in FEHA disability discrimination, failed to engage in the interactive process, did not reasonably accommodate her, retaliated against her for complaining, wrongfully terminated her, intentionally and negligently inflicted emotional distress upon her, and interfered with her prospective economic benefit. Employer alleged that it had reasonably accommodated manager, that manager had misrepresented her injuries, that she had failed to perform, and that she had lied about her prior termination for misconduct by another employer. Resolved following mediation.
• Action following reversal of summary judgment on appeal by 25-year administrator alleging that her former employer, a university, violated the FEHA by discriminating against and harassing her on the basis of her gender and age, and by retaliating against her for complaining. The administrator alleged that her dean bypassed her for promotion, and instead appointed younger, less qualified candidates whom he favored. The candidate who was promoted allegedly determined that job vacancies should be filled by “younger” candidates, easing out long-time employees, including the administrator. When the administrator complained, her responsibilities were removed such that she felt obsolete and felt compelled to resign. The university denied these claims and alleged that the complaint was untimely filed. The trial court granted summary judgment for the university. The Court of Appeal reversed and remanded. Resolved by mediator’s proposal.
• Action by maintenance technician alleging that his former employer, a pharmaceutical company, violated the FEHA by discriminating and harassing against him on the basis of his national origin (Vietnamese American), by retaliating against him for complaining, by failing to provide a workplace free of discrimination, and by failing to engage in a good faith interactive process, and further that his employer wrongfully terminated him in violation of public policy and in contravention of his implied employment contract. Employer alleged that the technician was dishonest in reporting that he had spent two hours on inspecting a cleanroom, when access badge records showed he spent only four minutes on the task. As a result, the cleanroom was found to be soaked with leaked water, which led to technician’s termination. Resolved by mediator’s proposal.
• Pre-arbitration action by former production supervisor alleging that his former employer, an aerospace components manufacturer, wrongfully terminated him, discriminated against him on the basis of his sleep apnea disability and age when his shift was changed, harassed and retaliated against him after he complained, failed to provide a workplace free from the alleged unlawful acts, and denied him reasonable accommodation. Employer alleged that it was not notified of employee’s sleep apnea disability, but nonetheless moved him back to his original shift for production reasons. Employee was eventually laid off, along with many other employees, in a reduction-in-force for legitimate business reasons. Resolved by mediator’s proposal.
• Pre-arbitration action by former employee alleging that her former employer, a pharmaceutical company, failed to prevent interference with her California Family Rights Act (CFRA) leave when it first granted her such protected leave, but then terminated her immediately before her surgery. Former employee also alleged the business engaged in disability discrimination, failed to engage in the interactive process, created a hostile work environment, intentionally inflicted emotional distress upon her, failed to prevent discrimination and harassment, retaliated against her under Labor Code sections 6310 and 1102.5, and wrongfully terminated her. Employer alleged that plaintiff was terminated for having double labeled one vial of medication and for two prior mislabeling errors. Resolved by mediator’s proposal.
• Action by truck driver alleging that his former employer, a composite materials and technical solutions supplier, wrongfully terminated, discriminated, harassed and retaliated against him, and denied him a workplace free from discrimination. During the COVID-19 pandemic, driver had requested for and employer accommodated his request for reduced work hours, so that he could care for his young children, who were home for remote learning when schools closed. Driver alleged he was terminated because of retaliation for taking leave. Employer alleged it terminated employee for dishonesty in forging a delivery receipt, leaving hazardous material in an alley rather than within the secure gated compound of a client, and driving on a street where trucks were barred that led to a citation. Resolved by mediator's proposal.
• Action by former employee alleging that her former employer, an investment business (founded by her late spouse to whom she was divorced), was negligent per se in failing to protect her from workplace injury she experienced in a robbery committed in its parking lot, fraudulently concealed its failure to purchase workers’ compensation insurance, and committed the tort of conversion when it failed to return all her personal possessions after employee left her job. Employer alleged that the parking lot crime committed by third parties was not reasonably foreseeable in the office’s quiet and low-crime residential neighborhood, that it had not concealed its workers compensation insurance status, and that all of employee’s personal possessions had been returned to her. Resolved by mediator’s proposal.
• Action by 30-year stationary engineer alleging that his former employer, a hospital, discriminated against and harassed him on the basis of age and disability, failed to reasonably accommodate him, retaliated against him for requesting accommodations, failed to prevent discrimination from occurring, and wrongfully terminated him in violation of public policy. Hospital alleged that it had granted CFRA leave followed by two years of extended disability leave for engineer to undergo knee surgery, amputation, and fitting of his prosthetic leg. Although engineer returned to work without restrictions. he was unable to perform the essential functions of his job with or without an accommodation in climbing tall ladders, pulling, pushing, squatting and responding to emergencies, thereby posing a danger to himself and to others. Hospital provided to engineer open positions that he could have performed, but he failed to apply for them, and was ultimately terminated. Resolved by mediator’s proposal.
• Action by an emergency room nurse alleging that her employer, a county hospital, violated the FEHA by discriminating against her for her pregnancy and disability, failed to reasonably accommodate her and engage in the interactive process, retaliated against her, failed to prevent discrimination, and interfered with her CFRA leave. Employer alleged that nurse was fully accommodated for her pregnancy and disability, but her doctor’s work restriction that she not lift any weight meant that she could not perform the essential functions of her job with or without an accommodation. Resolved on follow-up after mediation.
• Pre-arbitration action by visually-impaired director of payroll operations alleging that his former employer, a hospital, failed to engage in the interactive process and reasonably accommodate him, discriminated and retaliated against him for taking CFRA and disability leave, and failed to prevent discrimination and retaliation from occurring. The hospital alleged that it had engaged in the interactive process with the director, granted his intermittent leave requests for treatment, granted his request for his CFRA leave, and reasonably accommodated him by extending his disability leave thereafter. Even though director never returned to work, failed to provide an updated health report, and failed to mitigate his damages, hospital nonetheless kept director active on the books. Resolved by mediator’s proposal.
• Action by director of philanthropy alleging that her former employer, a church-affiliated senior residential facility, retaliated against and constructively terminated her for being a whistleblower. Accessing senior residents’ financial information, the facility required its fundraisers to persuade the seniors to sign declarations bequeathing their assets to the facility. When philanthropy director raised concerns and reported about possible elder financial abuse, facility allegedly retaliated against her and forced her out. Facility denied these allegations, claiming instead that employee failed to perform and voluntarily resigned. Resolved by mediator’s proposal.
• Action by 17-year echocardiography technician alleging that his former employer, a hospital, discriminated against him on the basis of age, race, and disability, failed to engage in the interactive process, failed to reasonably accommodate him, and wrongfully terminated him in violation of the FEHA. Hospital alleged that some of technician’s claims, which had undergone three years of union grievances, were time barred even after tolling, that his claims were without merit, that doctors and patients had complained about technician, and that he was terminated following progressive discipline for performance and communication issues. Resolved by mediator’s proposal.
• Action by seamstress alleging that her employer, a uniform and apparel company, discriminated against and harassed her on the basis of her disability and age, created a hostile work environment, failed to reasonably accommodate her or engage in the interactive process, failed to prevent discrimination and harassment, retaliated against her, violated meal and rest breaks, and engaged in unfair business practices. Employer alleged that seamstress was fully accommodated for her disability, that she had taken a three-year leave but remained on the books, and that her complaints were not substantiated by the company’s investigation. Resolved by mediator’s proposal.
• Action by service mechanic alleging that, during the COVID-19 pandemic, his former employer, an elevator company, violated the FEHA by discriminating and retaliating against him for his underlying medical condition of asthma and diabetes; failed to prevent discrimination, engage in the interactive process or reasonably accommodate him; and wrongfully terminated him. Employer alleged that mechanic took advantage of the pandemic by electing to take a voluntary furlough under a collective bargaining agreement, and by collecting disability payment benefits. Employer alleged mechanic did not request for protected leave, failed to provide a doctor’s note for any work restrictions, and was never terminated. Resolved by mediator’s proposal.
• Action by food service workers alleging that their employer, a donut shop, discriminated against and harassed them on the basis of their national origin, created a hostile work environment, retaliated against them when they complained, failed to prevent discrimination and harassment in violation of the FEHA, wrongfully terminated them, violated wage-and-hour laws, and engaged in various torts. Employer denied these allegations, conceding only on the wage-and-hour violations. Resolved by mediator’s proposal.
• Action by operations superintendent alleging that his former employer, a solid waste collection company, discriminated, harassed and retaliated against him under the FEHA by refusing to transfer him to a different city to take care for his father who had cancer, because employee was associated with a family member who had a disability/medical condition; failed to engage in the interactive process and reasonable accommodation under the FEHA; and failed to prevent discrimination and harassment under the FEHA; as well as wrongfully terminated him in violation of public policy. Employer alleged that the company had engaged in the interactive process and had offered to reasonably accommodated employee with intermittent leave. However, employee never formally applied for a transfer. Even if he did, employee was ineligible for a transfer because he was continuously on performance improvement plans. Employer ultimately terminated employee for poor performance. Resolved following mediation.
• Appeal by general manager after the trial court sustained demurrers on various counts and removed co-defendants on his race employment discrimination action. General manager alleged that his former employer, a production company, violated the FEHA by discriminating against him on the basis of race, retaliated against him after he filed his DFEH complaints, breached his employment contract, and wrongfully terminated him in violation of public policy. Employer denied the charges, alleging that general manager had bullied employees in violation of company policy, and that customers had complained about his performance. Resolved globally in both the appellate and trial courts by mediator’s proposal.
• Action by food service worker alleging that another food service worker sexually harassed and battered her at the hospital where they both worked. She alleged that the hospital negligently hired the other worker, failed to prevent the harassment, retaliated against her when she complained, intentionally inflicted emotional distress upon her, and constructively terminated her. The hospital alleged that any harassment was between co-workers, and that the hospital immediately conducted a thorough investigation when notified of the worker’s complaint, that the investigative report found no harassment had occurred, and that worker resigned of her own accord. Resolved following mediation.
• Action by warehouse worker alleging that his former employer, a wholesaler, violated the FEHA by discriminating and retaliating against him for his disability after he was severely injured in an auto accident, failed to engage in the interactive process, failed to reasonably accommodate him, and wrongfully terminated him during his disability leave. Employer alleged that it had reasonably accommodated employee after his injury, that employee could not perform the essential functions of his job with or without an accommodation, and that employee was laid off during COVID-19’s stay-at-home order. Resolved by mediator’s proposal.
• Action by a police officer alleging that his employer, a county, and its law enforcement officers violated his 42 U.S.C. § 1983 civil rights under the First, Fourth, Fifth and Fourteenth Amendments, and alleged County was liable under Monell. When officer and his spouse alleged mutual spousal abuse, law enforcement arrested them both and seized weapons from the home, social services removed their child, and the dependency court placed the child with a family member for many months. At the same time, officer was suspended for a short while, was required to enroll in various preventative courses, and was ineligible for promotion for a time. County alleged that it complied with all applicable constitutional authorities, statutory provisions, and institutional protocol in light of the situation. Resolved by mediator’s proposal.
• Action by former worker alleging that her former employer, a federal agency, engaged in Title VII discrimination, harassment and retaliation on account of her association with another employee, her then-husband, who had complained about sexual harassment and retaliation by their common female supervisor. Worker alleged that supervisor stalked her, sent harassing texts and made threatening calls to her on a government cell phone, stole worker’s wedding dress, refused to approve worker’s leave request for surgery, and threatened to call the police with the false claim that husband had raped supervisor. Moreover, the government allegedly forced worker to retire after she complained. The government alleged that it had terminated supervisor after an investigation. It further claimed that worker’s third-party claims of harassment and retaliation were not meritorious, because supervisor and worker were romantic rivals—a novel defense not recognized by the Ninth Circuit, according to the trial court. Resolved by mediator’s proposal.
• Action by makeup artist, an independent contractor to a studio, alleging that its employee sexually assaulted and harassed her in violation of the FEHA, Unruh, Ralph and Bane Civil Rights Acts, as well as alleging negligent supervision and intentional infliction of emotional distress. The studio executive to whom contractor twice confided failed to report the incident in violation of company policy. Human resources finally learned about the incident, investigated, terminated employee, and disciplined the executive. However, the union that represented employee contested his termination through labor arbitration. Finding credibility issues, the arbitrator ordered the studio to reinstate the alleged perpetrator. In the civil action, studio alleged that contractor had earlier signed an agreement to release it from liability, and asserted that the action was time barred. Based on the arbitrator’s findings, both studio and employee challenged contractor’s credibility. Resolved by mediator’s proposal.
• Action by 21-year truck driver alleging that his former employer, a water and wastewater treatment solutions provider, allowed its employees to engage in reverse race and national origin discrimination against the driver, failed to engage him in the interactive process or provide him with reasonable accommodation, did not prevent retaliation against him, wrongfully terminated him, engaged in meal and rest break violations, and engaged in unfair competition. Employer denied knowledge of any co-worker discrimination against driver, alleging that he never complained to management. Company also alleged that it reasonably accommodated driver’s disability by granting him both workers’ compensation and CFRA/FMLA leave, which was exhausted. Moreover, the permanent work restrictions ordered by employee’s doctor meant that driver could not perform the essential functions of his job with or without an accommodation. As a result, employee voluntarily resigned. Resolved after mediation.
• Pre-litigation action by a technician alleging that his former employer, a pharmaceutical company, engaged in FEHA reverse race discrimination and harassment, same-sex sexual harassment, retaliation, negligent hiring, medical leave retaliation, intentional infliction of emotional distress, and wrongful termination. Employer denied any wrongful conduct, alleging that other similarly situated employees did not suffer discrimination, harassment or retaliation. Company further alleged that it neither knew nor should have known about any such alleged co-worker conduct, because technician failed to complain to the company. Instead, plaintiff did not provide the necessary paperwork for taking weeks of disability leave, and he voluntarily resigned. Resolved by mediator’s proposal.
• Action by insulator alleging that his former employer, an industrial refrigeration company, discriminated and retaliated against him for his disability and age in violation of the FEHA, did not engage in the interactive process and reasonable accommodation, failed to prevent discrimination, failed to grant him CFRA leave, breached the duty of good faith and fair dealing, and wrongfully termination him. Company alleged that insulator had worked nine months for employer, and was not eligible for CFRA leave. The day insulator was seriously injured in a non-work-related car accident was the same day the Governor issued a stay-at-home order in response to the COVID-19 pandemic. While employer granted insulator’s reasonable accommodation request for six-weeks’ leave, employee instead elected to be laid-off (along with other employees) for COVID-19, so that he could benefit from both regular unemployment and supplemental COVID-19 unemployment benefits under the CARES Act. While employee received COBRA health insurance coverage information, he failed to apply for COBRA and the policy offer lapsed. Meanwhile, employee’s hospital bills mounted and he was forced to file for bankruptcy to discharge his debts. Resolved in mediation.
• Action by an unsuccessful job applicant for a law enforcement position alleging that the prospective employer, a federal law enforcement agency, engaged in disability discrimination, failed to reasonably accommodate or engage him in the interactive process, and retaliated against him when he requested an appeal in violation of the Rehabilitation Act. Applicant has a congenital defect that restricted the full extension of his elbow, which he claimed would not prohibit him from carrying out the essential duties of a federal agent, but which nonetheless prejudiced the scoring of his physical fitness test. The government alleged that no discrimination or retaliation occurred, that applicant was reasonably accommodated on his fitness test, and that applicant nonetheless failed the test even with an accommodation. Resolved following mediation.
• Action by a probationary instructor alleging that his former employer, a public college, engaged in race discrimination, harassment, and retaliation after he complained about denial of the opportunity to self-evaluate his performance. The college denied any wrongdoing. It alleged that the instructor had not performed up to standard and that he had voluntarily resigned. In addition, college alleged that instructor failed to properly exhaust his administrative remedies, and that his action was time barred. Resolved by mediator’s proposal.
• Pre-litigation action by a development manager alleging that her former employer, a medical center, engaged in FEHA pregnancy and CFRA family leave discrimination and harassment, retaliated against her for taking leave and for complaining of retaliation, failed to prevent such conduct, and constructively terminated her in violation of public policy. Employer alleged that former employee was reasonably accommodated on every request, had underperformed, and had voluntarily resigned. Resolved by mediator’s proposal.
• Pre-arbitration action by in-house attorney alleging that her former employer, a communications start-up, engaged in FEHA disability discrimination, harassment and retaliation, failed to engage in the interactive process and reasonable accommodation, committed promissory estoppel, wrongful termination in violation of public policy, and unfair business practices. Employer alleged that the company had liberally accommodated attorney with more than three months of leave for her anxiety, childcare and home-schooling needs, as well as surgery during the COVID-19 pandemic. However, attorney was unable to perform the essential functions of her job with or without an accommodation, and an indefinite leave would have caused undue hardship to the company. Resolved by mediator’s proposal.
• Action by 11-year forklift operator alleging that her former employer, a logistics company, engaged in FEHA disability discrimination, harassment and retaliation, failed to engage in the interactive process and reasonable accommodation, committed various wage-and-hour violations, engaged in unfair competition, and wrongfully terminated her. Employer alleged that the company had engaged in the interactive process and reasonably accommodated employee multiple times in accordance with her doctor’s notes, and that she took meal and rest breaks as documented on time sheets. Company further alleged that it was employee’s numerous attendance issues that led to her termination. Resolved by mediator’s proposal.
• Action by short-term shipping employee alleging that his former employer, a package labeling company, engaged in various wage-and-hour violations, as well as FEHA violations by failing to prevent co-workers from harassing him as a “sissy” and crybaby,” retaliating against him for his disability after he hurt his back, failing to engage in the interactive process and provide reasonable accommodation, and engaged in unfair business practices. Company alleged that employee, who worked there for less than two months, took meal and rest breaks as documented on time sheets, was fully and timely compensated, was provided the interactive process, and was reasonably accommodated for every request. However, company alleged that employee failed to report any co-worker harassment and was terminated for consecutive days of no call/no show. Resolved by mediator’s proposal.
• Action by a janitor alleging that his former employer, a restaurant, engaged in various wage-and hour violations, as well as discriminated and retaliated against him for his disability after he hurt his knee, failed to engage in the interactive process, failed to reasonably accommodate him, and engaged in unfair business practices. Restaurant alleged that janitor, who worked there for three weeks, took meal and rest breaks as documented on time sheets, took three days off after he allegedly hurt his knee, returned to work with a doctor’s note showing no restrictions, never asked for an accommodation, did not show up for work, then allegedly told a coworker he found another job and never returned to work. Resolved in post-mediation negotiations.
• Action by a 25-year pharmacy technician alleging that his former employer, a hospital, engaged in FEHA disability and age discrimination, failed to prevent discrimination, retaliated against him for having taken CFRA and FMLA leave, and wrongfully terminated him in violation of public policy. Employer alleged that it had repeatedly cooperated and granted intermittent CFRA leaves to the technician. Employer alleged that technician’s termination was justified, because he had lost a narcotic prescription, and had repeatedly failed to identify expired medications on incomplete inventories, and was dishonest about it. Resolved following mediation.
• Action by remote telephone case worker alleging that her former employer, a senior center, engaged in age and disability discrimination, failed to engage in the interactive process and reasonably accommodate her following her workers’ compensation leave, and retaliated against and wrongfully terminated her. Employer alleged that case worker had no work restrictions and never requested reasonable accommodation. In addition, case worker’s job classification was eliminated in a layoff. She was given retraining and the opportunity to apply for vacancies, and was offered a severance package as an option. Moreover, the vast majority of similarly-situated employees found new positions with employer, of which 94 percent were over the age of 40. Resolved by mediator’s proposal.
• Action by probationary truck driver alleging that her former employer, a trucking company, assigned her to mentors who sexually and racially harassed her on the road, retaliated when she complained, committed various wage and hour violations, and wrongfully terminated her. Employer alleged driver was terminated for causing two trucking accidents. Resolved by mediator’s proposal.
• Pre-litigation action by baker alleging that her former employer, a specialty bakery and its managing agent, engaged in perceived disability and medical condition (diabetes) discrimination and harassment, and engaged in retaliation when baker complained. During the pandemic, when a co-worker’s boyfriend was first exposed to COVID-19, both co-worker and baker were quarantined and underwent COVID-19 testing. When the results were negative, baker and co-worker returned to work. Later, baker had a skin rash, and again quarantined, and underwent another COVID-19 test as well as an antibody test. After receiving negative results on these tests, baker asked to return to work without requesting for any accommodation. Rather than returning baker to work, employer instead placed her on continuous unpaid leave and replaced her position with a new employee without any apparent disability or medical condition. Employer alleged baker’s underlying diabetic condition made her a direct threat to herself in the event she were to be exposed to COVID-19 in its store. Employer also alleged it could not afford to upgrade its air conditioning system, something baker had not requested. Resolved by mediator’s proposal.
• Actions by temporary employee alleging that her former employers, a shipping company and the staffing agency that arranged her hiring, discriminated against her on the basis of pregnancy, failed to engage in the interactive process, failed to prevent and remedy that discrimination, wrongfully terminated her, and intentionally and negligently inflicted emotional distress upon her. Temporary employee pursued one action against shipping company in court and the other action against staffing agency in arbitration. Employers denied the allegations, alleged temporary employee never informed them she was pregnant, never requested any accommodation, and resigned after failing to compete favorably for a permanent position. Resolved globally by mediator’s proposal.
• Action by accounts manager alleging that his former employer, an airline industry business, engaged in disability and racial discrimination, harassment and retaliation, violation of CFRA, failure to prevent such conduct under the FEHA, wrongful termination, wage and hour violations, and intentional and negligent infliction of emotional distress. Employer denied the allegations, and alleged former employee was terminated for cause for failing to timely complete a random drug test. Resolved through mediation.
• Action by an electrician alleging that his former employer, an electrical systems company, engaged in racial harassment, retaliation, and failure to prevent such conduct under the FEHA, as well as violated the Labor Code. Employer denied the allegations and alleged former employee had attendance and punctuality problems, and had voluntarily quit to take on other work. Resolved through mediation.
• Action by a retail account executive alleging that her former employer, a package management business, engaged in pregnancy and marital status discrimination and harassment, retaliated against her for complaining about the same, and wrongfully terminated her because she married and planned to start a family. Employer alleged former employee’s termination was justified, because she violated the company’s zero tolerance policy for making racially inappropriate comments in the workplace. Resolved through mediation.
• ERISA interpleader actions brought by pension plan administrator and group life insurer of deceased employee to resolve the identify of his surviving spouse, beneficiary of the plan and policy. During his lifetime and working years, decedent had married his first wife of many years, then separated from but never divorced her. Decedent nonetheless indicated that he was not married on his pension plan. After decedent retired and began receiving his pension, he married his second wife. He later designated first wife as beneficiary on his life insurance. After finding two marriage certificates between decedent and his two wives but no marriage dissolution of any kind, pension plan administrator and insurer identified first wife as the beneficiary. Second wife cross claimed against all parties asserting that she was the proper beneficiary. First wife cross claimed against second wife asserting her beneficiary status. Mediation continuing.
• Action by former assistant manager alleging that her former employer, a studio and its supervisor, engaged in sex discrimination, harassment and retaliation, and wrongfully terminated her for being a whistleblower. Employer alleged plaintiff was openly insubordinate and disrespectful to her supervisor, a legitimate reason for her termination. Resolved by mediator’s proposal.
• Action by pharmacy technician supervisor alleging her former employer, a multinational corporation operating a chain of warehouse clubs, engaged in gender and associational discrimination, and retaliation, failed to prevent discrimination and retaliation from occurring, wrongfully terminated and defamed her, and put her in a false light. Employer alleged former employee’s termination was justified, because she violated the company’s pharmacy security policies and practices. Resolved in mediation.
• Action by truck driver alleging that his former employer, a waste disposal business, engaged in discrimination, harassment and retaliation because he took periodic protected family leave to care for his fatally ill mother, and because he was associated with a disabled person. He also alleged that employer failed to engage in the interactive process and reasonable accommodation, and wrongfully terminated him. Employer alleged plaintiff was granted family leave without any discrimination, harassment or retaliation. Instead, plaintiff’s dishonesty and time theft were the legitimate reasons for his termination. Resolved by mediator’s proposal.
• Action by director of nursing alleging that her former employer, a licensed skilled nursing facility, engaged in race discrimination, wrongfully terminated her in violation of public policy, committed wage and hour violations by denying her meal/rest breaks, and payment of final wages and overtime, was negligent, intentionally inflicted emotional distress upon her, and engaged in unfair business practices. The employer alleged that plaintiff was discharged for permitting subordinates excessive overtime, and that she was in an exempt position not entitled to overtime pay or meal/rest breaks. Resolved by mediator’s proposal.
• Pre-arbitration action by executive alleging that his former employer, a start-up business, discriminated against and harassed him on the basis of his race, national origin and age, retaliated against him when he complained about various business practices, breached his commission contract, and slandered his professional reputation. The business alleged the executive was terminated for unsatisfactory performance. Resolved by mediator’s proposal.
• Action by dishwasher alleging that his former employer, a restaurant, harassed him on the basis of his race and national origin, retaliated against him, failed to take all reasonable steps to prevent harassment, and violated various wage and hour statutes as well as PAGA, wrongfully terminated him, engaged in negligent retention and supervision, violated various hate crimes, and committed other torts. The restaurant alleged the employee engaged in horseplay, elected to leave his job, and failed to exhaust his administrative remedies. Resolved through mediation, approval subject to court approval.
• Pre-litigation complaint by human resources employee alleging that her employer, a non-profit agency, discriminated and harassed her on the bases of race, national origin and ancestry, and failed to reasonably accommodate her disability. She also alleged that the employer retaliated against her after she complained by conducting an investigation and putting her on paid administrative leave. The employer alleged the employee bullied her co-workers and could not perform the essential functions of the job with or without accommodation. Resolved through mediation.
• Action by worker, who became emotionally distraught after witnessing an accidental death in the workplace, alleging that his former employer, an auto detail business, engaged in disability discrimination, harassment and retaliation, and failed to engage in the interactive process or provide reasonable accommodation. Employer alleged that plaintiff had filed for workers’ compensation, but he had never provided a doctor’s note requesting accommodation for any disability, was terminated for absenteeism, and had obtained a PTSD diagnosis only after his termination. Resolved through mediation.
• Action by IT Director alleging that his former employer, a non-profit, engaged in disability discrimination and retaliation, failed to engage in the interactive process and reasonable accommodation, failed to prevent discrimination and harassment, did not comply with various wage and hour provisions, and engaged in unfair business practices. The employer alleged that plaintiff was in an exempt executive position, that he did not report his alleged disability or request any accommodation, that he was terminated for stealing company property and accessing confidential information, and that he made unauthorized purchases for his own gain on the company’s credit card. Resolved through mediation.
• Action by dishwasher alleging that her former employer, a restaurant, discriminated against and harassed her on the basis of her disability, retaliated against her, failed to engage in the interactive process and reasonably accommodate her, failed to take all reasonable steps to prevent discrimination and harassment, violated various wage and hour statutes, and committed other torts. The restaurant alleged the employee was terminated for disruptive behavior and poor performance, and she could not perform the essential functions of her job with or without accommodation. Resolved by mediator’s proposal.
• Action by records technician with a physical disability alleging that her former employer, a municipality, failed to engage in the interactive process and reasonably accommodate her disability; that her former supervisor harassed and retaliated against her because of her disability; and that the municipality’s contractor performing fitness for duty examinations failed to provide her with a copy of her medical report. The municipality alleged the former employee could not perform the essential functions of the job with or without accommodation; and the contractor alleged lack of standing and mootness. Resolved through mediation.
• Action by emergency management coordinator alleging that her employer, a municipal fire department, and a firefighter engaged in sexual harassment, retaliation, failure to take all reasonable steps to prevent harassment, negligent hiring, sexual battery, battery, and gender violence. The defendants alleged the firefighter’s conduct was neither unwelcome nor serious or pervasive enough to constitute a hostile work environment. Resolved by mediator’s proposal.
• Action by customer service agent alleging that her former employer, a shipping business, discriminated against her on the basis of disability following her return from taking family leave for her own serious health condition, retaliated against her for taking such leave, and terminated her on the pretext that she was not punctual. Former employer alleged it had provided former employee with leave under the law, fully accommodated her, and terminated her following counseling for repeated instances of unsatisfactory attendance. Resolved by mediator’s proposal.
• Appeal by employer, a management services organization for hospital-based physician groups, and its lead doctor challenging the trial court’s denial of their motion to compel arbitration. Former employee, a hospital coordinator, alleged that doctor had created a hostile work environment by his sexually explicit texts and conduct, and that employer had retaliated by wrongfully terminating her after she complained. The defense alleged employee was terminated for poor performance. Resolved by mediator’s proposal.
• Action by 69-year-old teacher alleging her former employer, a school district, discriminated against and harassed her on the basis of her age, and retaliated against her after she complained. The former employer alleged the teacher refused to accept constructive feedback on her performance, was the subject of complaints and an investigation for acting out toward students, and had had elected to retire. Resolved by mediator’s proposal.
• Action by professor alleging his former employer, a public university, retaliated against him following an administrative settlement of his complaint for age, race and disability discrimination. The professor claimed that the university failed to honor the terms of the settlement agreement, impeded his research and reaching opportunities, and barred him from attending professional conferences. The university alleged the professor had earlier elected to benefit from a faculty early retirement program that permitted him to both collect a pension and work part-time, an option that naturally limited his teaching and research activities, and travel had not been authorized under the federal program that funded the professor’s work. The trial court granted summary judgment for the university. The appellate court found triable issues and overturned the trial court. Resolved by mediator’s proposal
• Action by truck driver with a mental disability alleging his former employer, a multinational corporation operating a chain of warehouse clubs, engaged in disability discrimination, failed to prevent discrimination and harassment, did not reasonably accommodate him, failed to engage in the interactive process, did not provide him with statutory family leave rights, and retaliated against and wrongfully terminated him. The employer alleged the former employee behaved unprofessionally and could not perform the essential functions of his job with or without accommodation. Resolved in mediation.
• Appeal by confirmation director with 32 years of service alleging her former employer, a church, wrongfully terminated her in retaliation for being a whistleblower about its financial, employment, record keeping and clergy activities. She also alleged the church breached its oral and implied contract to not terminate her except for good cause, defamed her, and intentionally caused her emotional distress. The employer alleged that the former employee was terminated for insubordination and disruptive behavior. The trial court sustained the church's demurrers, granted summary adjudication, and assessed costs in favor of the employer. The former employee alleged insufficient evidence, reversible error and abuse of discretion on appeal. Resolved in mediation.
• Action by a dialysis technician alleging his former employer, a medical provider, retaliated against him for being a whistleblower on a potential HIPAA violation by wrongfully terminating his employment. The employer alleged that the employee had abandoned patients in the middle of their treatment by leaving work without permission. Resolved in mediation.
• Action by female physician alleging her employer, a medical provider, discriminated against her by paying her less than a male counterpart performing substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. She further alleged that employer retaliated against her for demanding wage parity and for being a whistleblower. Employer alleged that any difference in compensation was due to bona fide factors other than sex, including merit, the quality or quantity of work and seniority, and denied any retaliation occurred. Resolved by mediator's proposal.
• Action by former employee, a construction worker, alleging former employer, a construction company, wrongfully terminated him, and discriminated against him on the bases of disability and perceived disability. Former employer alleged that the matter was preempted by a collective bargaining agreement compelling arbitration, that employee failed to take advantage of his union's grievance procedure, that employee did not engage in the interactive process, and that employee could not perform the essential functions of the job with or without accommodation. Resolved by mediator's proposal.
• Action by 58-year-old foreman with 20 years of tenure alleging that his former employer, a manufacturer, wrongfully terminated him and because of his age and disability, and retaliated against him for taking family and medical leave for his own serious health condition. The employer alleged that the employee failed to perform and business necessity required his dismissal. Resolved by mediator’s proposal.
• Action by foreclosure specialist alleging that her former employer, a financial services company, wrongfully terminated her because she had taken family and medical leave as well as disability leave for surgeries related to her serious cancer-related genetic condition, and because she had complained about unpaid commissions. The employer alleged that the employee’s job was eliminated as part of a layoff. Resolved by mediator’s proposal.
• Action by sales customer service representative alleging that her former employer, an auto parts business, discriminated against and harassed her because of her sex and sexual orientation, retaliated against her for having complained, failed to prevent discrimination and harassment, and committed various torts. The employer alleged that the employee did not suffer adverse job action and had failed to report her complaints to human resources. Resolved by mediator’s proposal.
• Action by district manager alleging his former employer, an auto parts business, discriminated and retaliated against him for taking family and medical leave for the birth of his child and wrongfully terminated him. The employer alleged the employee failed to perform. Resolved by mediator’s proposal.
• Action by cook alleging her former employer, a restaurant, retaliated against her on account of her association with a family member’s disability, and for complaining about health and safety as well as meal and rest break violations. The restaurant alleged the employee had elected to quit her job to appear on a televised cooking show and had no return rights. Resolved by mediator’s proposal.
• Action by facilities manager alleging her former employer, a university, discriminated and harassed her because of her race and sex, retaliated against her for complaining, constructively terminated her, and committed other compensation violations and torts against her. The university alleged the employee failed to exhaust her administrative remedies. Resolved by mediator’s proposal.
• Action by a seasonal employee alleging her former supervisor and former employer, a governmental agency, sexually harassed, battered, assaulted, discriminated, retaliated, created a hostile work environment, failed to prevent such conduct, and intentionally inflicted emotional distress against her. The employer alleged that it took reasonable steps to prevent discrimination and retaliation from occurring, and the employee failed to avoid the consequences by not using the employer's complaint procedure. Resolved following mediation.
• Action by a tenure-track professor alleging her former employer, a university, discriminated against her when it denied her tenure and terminated her on account of her sex, age and marital status. The employer alleged that the professor had not met the standards for research and teaching required for tenure following a seven-year probationary period. Discovery continuing after early mediation.

view all

• Three individual actions by a septuagenarian and two sexagenarian sales professionals in the auto industry alleging that their former employer, the new owner of an auto dealership, discriminated against them on the basis of their age, retaliated against them for complaining, failed to prevent discrimination from occurring, wrongfully demoted, terminated or constructively terminated them in violation of public policy and an implied employment agreement. The dealership alleged that it terminated the employees for legitimate business reasons, because they refused or failed to implement the company’s business plan during the COVID-19 pandemic’s downturn and supply chain challenges. Resolved on continued mediation by mediator’s proposal.
• Action by musician alleging that his employer, an orchestra, failed to engage in the interactive process and reasonably accommodate him, because his disability prevented him from abiding with the orchestra’s mandatory COVID-19 vaccine mandate. Orchestra alleged that the musician failed to submit doctor’s notes sufficient to meet exemptions under its mandate. Resolved post-mediation by mediator's proposal.
• Action by former driver, alleging that his former employer, a package delivery company, discriminated and retaliated against him for taking family leave during the COVID-19 epidemic to protect his child’s serious congenital heart condition, failed to engage in the interactive process, did not reasonably accommodate him, did not take action to prevent discrimination, violated wage-and-hour laws, and wrongfully terminated him. Employer alleged that it had fully complied with wage-and-hour laws, that it had repeatedly accommodated driver, and that it had granted him family leave, but that driver had failed to submit a doctor’s note to extend his leave or to return to work when his leave period expired. Resolved by mediator’s proposal.
• Action by journeyman alleging that his former employer, a logistics company, had engaged in the fraud of intentional misrepresentation and false promises, and in wrongful adverse employment action against him during the COVID-19 pandemic. He alleged that COVID-screening procedures caused him to log in late. When the company investigated and found more irregularities, it advised journeyman to resign with the promise of no bar on future rehire. When journeyman later applied for an opening, he was ineligible for rehire. Employer alleged that journeyman had voluntarily resigned after an investigation showed that he was dishonest and had falsified his timecards during the pandemic. Resolved by mediator’s proposal.
• Action by church, its founders and pastors alleging that a city violated their civil rights under the First Amendment’s Free Exercise, Free Speech and Assembly Clauses, the 14th Amendment’s Equal Protection Clause, and the Bane Civil Rights Act. In compliance with state and county health directives under the COVID-19 pandemic, the church held services outdoors and limited the decibel sound levels for these events. Plaintiffs alleged that the city unfairly singled out the church by applying its municipal noise ordinance to threaten, intimidate and harass them, when other organizations sponsoring high-decibel events were not cited. They claimed that the city called in county police and health agencies to investigate the church for violating health directives, even when no health violations were ever found. Plaintiffs further alleged that the municipal noise ordinance is void for vagueness and for constituting an unlawful prior restraint. City denied these claims, alleging that it had followed protocol in responding to citizens’ noise complaints. Resolved by mediator’s proposal.

• Action by three long-time workers alleging that their former employer, a uniform and apparel company, discriminated, harassed, and retaliated against them on the bases of disability, national origin, sex, association with others with disability, and for having taken family and parental leave, that employer failed to engage in the interactive process and reasonably accommodate them, and that it wrongfully terminated them. Employer alleged the economic downturn during the COVID-19 pandemic forced the company to implement reductions in force that impacted many employees, including these workers. Resolved by mediator’s proposal.
• Action by two siblings alleging that their former employer, a labeling company, had discriminated against brother for his disability after he tested positive for COVID-19 in the early days of the pandemic, discriminated against sister because she was associated with brother, failed to engage in the interactive process, failed to provide reasonable accommodation, failed to prevent discrimination, and wrongfully terminated them. Employer denied these charges, alleging instead that the siblings, who had worked there for decades, had violated company policy. Brother had dropped off lunch for a co-worker at the company parking lot before he learned of his positive COVID test results. Sister had left work early, refused to sign a warning for allegedly failing to report brother’s condition before she knew he had COVID, and took days off for illness without prior approval. Resolved on follow up by mediator’s proposal.
• Action by decedent’s mother alleging that a county and its law enforcement officers were negligent and deprived decedent of his 42 U.S.C. § 1983 rights. After his DUI arrest and while awaiting his arraignment in the court’s holding cell, decedent hung himself using a makeshift COVID-19 facemask and a metal toilet paper holder. Decedent later died in the hospital. The government alleged that decedent lacked any suicide ideation that would have triggered a heightened duty for a suicide watch. As a result, the county alleged that his suicide was unforeseeable and not preventable. Resolved by mediator’s proposal.
• Action by truck driver alleging that his former employer, a composite materials and technical solutions supplier, wrongfully terminated, discriminated, harassed and retaliated against him, and denied him a workplace free from discrimination. During the COVID-19 pandemic, driver had requested for and employer accommodated his request for reduced work hours, so that he could care for his young children, who were home for remote learning when schools closed. Driver alleged he was terminated because of retaliation for taking leave. Employer alleged it terminated employee for dishonesty in forging a delivery receipt, leaving hazardous material in an alley rather than within the secure gated compound of a client, and driving on a street where trucks were barred that led to a citation. Resolved by mediator's proposal.
• Action by the seller, a Chinese distributer, alleging that the buyer, an American start-up that planned to make personal protective equipment in the COVID-19 pandemic, breached the sales contract for failing to pay for the machines and raw materials shipped to the buyer. The buyer alleged that, while the machines were in good order, the raw materials were damaged in the way they were packed, and thus could not be used to make surgical face masks. Seller claimed that the buyer neither notified seller of any alleged damage nor provide it an opportunity to cure, and buyer’s complaint was a pretext to not pay seller in a now less profitable face mask market. Resolved following mediation.
• Action by tenant alleging that landlord failed to accommodate his disability or engage in the interactive process after tenant was injured and temporarily confined to a wheelchair. Tenant alleged that landlord discriminated against him because of his disability under the FEHA, Disabled Persons Act, Unruh Civil Rights Act, and the Los Angeles Civil and Human Rights Law. Landlord alleged that all building elements of its 2018-constructed apartment met the ADA, the California Building Code, and that the building had been inspected and permitted by the city. When the wheelchair lift required maintenance, management immediately called the manufacturer and repair persons. Any delay in finally obtaining service was not under landlord’s control, because of business closures under the COVID-19 pandemic, the resulting supply chain’s backlog on parts, and the Christmas holiday. A temporary halt in the operation of an interior elevator was similarly caused by an area-wide power outage. Moreover, landlord alleged that tenant had not paid rent for 18 months under the California COVID-19 Rent Relief program. Resolved by mediator’s proposal.
• Action by service mechanic alleging that, during the COVID-19 pandemic, his former employer, an elevator company, violated the FEHA by discriminating and retaliating against him for his underlying medical condition of asthma and diabetes; failed to prevent discrimination, engage in the interactive process or reasonably accommodate him; and wrongfully terminated him. Employer alleged that mechanic took advantage of the pandemic by electing to take a voluntary furlough under a collective bargaining agreement, and by collecting disability payment benefits. Employer alleged mechanic did not request for protected leave, failed to provide a doctor’s note for any work restrictions, and was never terminated. Resolved by mediator’s proposal.
• Action by warehouse worker alleging that his former employer, a wholesaler, violated the FEHA by discriminating and retaliating against him for his disability after he was severely injured in an auto accident, failed to engage in the interactive process, failed to reasonably accommodate him, and wrongfully terminated him during his disability leave. Employer alleged that it had reasonably accommodated employee after his injury, that employee could not perform the essential functions of his job with or without an accommodation, and that employee was laid off during COVID-19’s stay-at-home order. Resolved by mediator’s proposal.
• Action by insulator alleging that his former employer, an industrial refrigeration company, discriminated and retaliated against him for his disability and age in violation of the FEHA, did not engage in the interactive process and reasonable accommodation, failed to prevent discrimination, failed to grant him CFRA leave, breached the duty of good faith and fair dealing, and wrongfully termination him. Company alleged that insulator had worked nine months for employer, and was not eligible for CFRA leave. The day insulator was seriously injured in a non-work-related car accident was the same day the Governor issued a stay-at-home order in response to the COVID-19 pandemic. While employer granted insulator’s reasonable accommodation request for six-weeks’ leave, employee instead elected to be laid-off (along with other employees) for COVID-19, so that he could benefit from both regular unemployment and supplemental COVID-19 unemployment benefits under the CARES Act. While employee received COBRA health insurance coverage information, he failed to apply for COBRA and the policy offer lapsed. Meanwhile, employee’s hospital bills mounted and he was forced to file for bankruptcy to discharge his debts. Resolved in mediation.
• Pre-arbitration action by in-house attorney alleging that her former employer, a communications start-up, engaged in FEHA disability discrimination, harassment and retaliation, failed to engage in the interactive process and reasonable accommodation, committed promissory estoppel, wrongful termination in violation of public policy, and unfair business practices. Employer alleged that the company had liberally accommodated attorney with more than three months of leave for her anxiety, childcare and home-schooling needs, as well as surgery during the COVID-19 pandemic. However, attorney was unable to perform the essential functions of her job with or without an accommodation, and an indefinite leave would have caused undue hardship to the company. Resolved by mediator’s proposal.
• Pre-litigation action by baker alleging that her former employer, a specialty bakery and its managing agent, engaged in perceived disability and medical condition (diabetes) discrimination and harassment, and engaged in retaliation when baker complained. During the pandemic, when a co-worker’s boyfriend was first exposed to COVID-19, both co-worker and baker were quarantined and underwent COVID-19 testing. When the results were negative, baker and co-worker returned to work. Later, baker had a skin rash, and again quarantined, and underwent another COVID-19 test as well as an antibody test. After receiving negative results on these tests, baker asked to return to work without requesting for any accommodation. Rather than returning baker to work, employer instead placed her on continuous unpaid leave and replaced her position with a new employee without any apparent disability or medical condition. Employer alleged baker’s underlying diabetic condition made her a direct threat to herself in the event she were to be exposed to COVID-19 in its store. Employer also alleged it could not afford to upgrade its air conditioning system, something baker had not requested. Resolved by mediator’s proposal.

view all

• Pre-litigation action by a packer alleging that her former employer, a meat packing company, violated the FEHA by discriminating against her on the basis of gender when only male employees were recognized on their first-year work anniversaries, failed to engage with her in the interactive process and reasonably accommodate her request to visit her mother in the hospital, constructively terminated her in violation of public policy, and violated various wage-and-hour laws. The company denied these claims, alleging instead that the packer did not request for any recognition or reasonable accommodation, was fully compensated for overtime, was given first meal breaks, signed waivers for second meal breaks, and voluntarily resigned. Resolved by mediator’s proposal.
• Class action by current and former nonexempt workers alleging that their employer, a commercial and industrial insulation business, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failure to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engagement in unfair business practices. Employer denied these claims and moved to compel arbitration under the collective bargaining agreements (CBA). The trial court held the CBA did not clearly waive the judicial forum and the arbitration provisions were unconscionable. Defendant appealed. Resolved by mediator’s proposal.
• Two class actions by current and former nonexempt workers alleging that their employer, a retail service agency, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failure to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engaged in unfair business practices. Employer denied these allegations, claiming that it had complied with all wage-and-hour statutes. Resolved globally by mediator’s proposal.
• Action by a construction worker alleging that his former employer, a general contractor, violated the FEHA’s disability discrimination and harassment provisions, retaliated against him, failed to engage in the interactive process, failed to reasonably accommodate him, failed to provide him with CFRA leave, retaliated against him for requesting CFRA leave, retaliated against him for being a whistleblower, negligently hired, supervised and retained his supervisor, and wrongfully terminated him in violation of public policy. He also alleged the employer violated wage-and-hour laws including meal and rest breaks, minimum wage, final wages, wage statements, waiting time, and business reimbursements. The general contractor alleged that it was not an employer under the FEHA because it had fewer than five employees, that the worker had never complained about having a disability, and that any wage-and-hour violations were technical. Resolved by mediator’s proposal.
• Action by delivery drivers alleging that their prior employer, two flower shops, failed to pay them minimum wage, provide them with meal periods or rest breaks, payment of final wages, and reimburse them for business expenses, and that employer retaliated against them for complaining and wrongfully terminated them in violation of public policy. The employer alleged that the drivers were independent contractors paid above the minimum wage, that they were responsible for their own time and business expenses, that they were not retaliated against, and that they resigned of their own accord. Resolved by mediator’s proposal.

• Class and PAGA action by all current and former hourly-paid, nonexempt employees alleging that their former employer, a chain of franchise restaurants, engaged in wage-and-hour violations, including failure to pay overtime, meal and rest breaks, waiting time, and wages due, provide accurate itemized wage statements and reimbursement for expenses, and engaged in unfair business practices. Employer alleged that it had complied with wage-and-hour provisions the vast majority of the time, that a plurality of employees entered into arbitration agreements and meal break waivers, and that the restaurants’ liabilities exceed their assets. Resolved by mediator’s proposal.
• Class and PAGA action by all current and former hourly-paid, nonexempt employees alleging that their former employer, a chain of restaurants, engaged in wage-and-hour violations, including failure to pay them overtime, minimum wage, meal and rest periods, waiting time, and wages due upon termination, provide them with accurate itemized wage statements and reimbursement for expenses, and engaged in unfair business practices. Employer did not respond to these charges, alleging instead that the restaurant continues to be unprofitable post-pandemic, and that its liabilities far exceed its assets. Resolved on follow up by mediator’s proposal.
• Action by regional sales manager alleging that his former employer, a medical products company, retaliated against him in violation of Labor Code section 1102.5, breached his employment contract, breached the duty of good faith and fair dealing, violated various wage and hour laws, owed him unpaid commissions, engaged in unfair business practices, and wrongfully terminated him. Employer alleged manager was exempt, such that the wage and hour laws did not apply to him. Employer also claimed it was forced to terminate manager, because he had threatened to sabotage one of the business’ accounts. Resolved following mediation.
• Class action by current and former nonexempt workers alleging that their employer, a property management company, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failed to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engaged in unfair business practices. Employer denied these claims and alleged the vast majority of potential class members had agreed to arbitrate such disputes. Resolved by mediator’s proposal.
• Action by waiters and bus boy alleging that their former employer, a restaurant for whom they worked for 10-15 years, engaged in misappropriation and conversion of their tips, required them to share tips with managers, failed to pay split-shift wages, demanded that they reimburse the employer for food losses, did not provide itemized reports of gratuities and split-shift wages, neglected to pay wait-time penalties, and contravened unfair competition laws. Employer denied the allegations, but admitted to not having paid split-shift wages for several months. Resolved by mediator’s proposal.
• Class and PAGA action by seasonal workers alleging that their former employers, a floral farm and a farm labor contractor, engaged in wage-and-hour violations, including failure to pay them overtime, minimum wage, meal and rest periods, waiting time, and wages due upon termination, provide them with accurate itemized wage statements and reimbursement for expenses, and engaged in unfair business practices. Employers denied these charges, alleging that workers had been fully compensated. Resolved following mediation.
• Class and PAGA action by parking attendants, valets, and cashiers alleging that their employer, a chain of parking garages, failed to provide them with meal/rest breaks, rounded their meal periods when they were short or late, failed to staff locations with relief attendants, owed them unpaid wages and premium pay, and failed to provide them with accurate itemized wage statements. Employer alleged that employees were instructed to take meal and rest breaks, and that it provided relief attendants in many locations where employees worked alone. Resolved by mediator’s proposal.
• Action by sales manager alleging his former employer, a logistics company, misclassified him, failed to pay him overtime and vacation wages, owed him waiting time penalties, did not provide him with accurate wage statements, terminated him in violation of public policy, and breach his employment contract. Employer alleged termination was justified, because sales manager had failed to meet his sales target and internal deadlines, neglected to attend an arranged customer meeting in another state, and lied to employer that the customer had cancelled the meeting. Resolved by mediator’s proposal.
• Action by facilities supervisor alleging that his former employer, an electronics manufacturer, misclassified him as an exempt employee, failed to pay him overtime, provide meal/rest breaks and wages due upon separation, failed to provide him with accurate itemized wage statements, and engaged in unfair business practices. Employer alleged that facilities supervisor was properly classified as exempt, and that wage-and-hour laws did not apply. Resolved by mediator’s proposal.
• Action by 11-year forklift operator alleging that her former employer, a logistics company, engaged in FEHA disability discrimination, harassment and retaliation, failed to engage in the interactive process and reasonable accommodation, committed various wage-and-hour violations, engaged in unfair competition, and wrongfully terminated her. Employer alleged that the company had engaged in the interactive process and reasonably accommodated employee multiple times in accordance with her doctor’s notes, and that she took meal and rest breaks as documented on time sheets. Company further alleged that it was employee’s numerous attendance issues that led to her termination. Resolved by mediator’s proposal.
• Class and PAGA action by store managers alleging that their employer, a chain of drug stores, misclassified them as exempt employees, failed to pay them overtime, meal and rest periods and wages due upon separation, failed to provide them with accurate itemized wage statements, and engaged in unfair business practices. Employer alleged that store managers were properly classified as exempt employees, that wage-and-hour laws did not apply, that they were subject to binding arbitration, and that their claims were time barred. Resolved following mediation.
• Action by short-term shipping employee alleging that his former employer, a package labeling company, engaged in various wage-and-hour violations, as well as FEHA violations by failing to prevent co-workers from harassing him as a “sissy” and crybaby,” retaliating against him for his disability after he hurt his back, failing to engage in the interactive process and provide reasonable accommodation, and engaged in unfair business practices. Company alleged that employee, who worked there for less than two months, took meal and rest breaks as documented on time sheets, was fully and timely compensated, was provided the interactive process, and was reasonably accommodated for every request. However, company alleged that employee failed to report any co-worker harassment and was terminated for consecutive days of no call/no show. Resolved by mediator’s proposal.
• Action by a janitor alleging that his former employer, a restaurant, engaged in various wage-and hour violations, as well as discriminated and retaliated against him for his disability after he hurt his knee, failed to engage in the interactive process, failed to reasonably accommodate him, and engaged in unfair business practices. Restaurant alleged that janitor, who worked there for three weeks, took meal and rest breaks as documented on time sheets, took three days off after he allegedly hurt his knee, returned to work with a doctor’s note showing no restrictions, never asked for an accommodation, did not show up for work, then allegedly told a coworker he found another job and never returned to work. Resolved in post-mediation negotiations.
• Action by former 24-hour, live-in caregiver alleging her former employer, a home care facility for the elderly, failed to compensate her for overtime, failed to provide her with meal breaks, rest breaks and wage statements, and engaged in unfair business practices. The home care facility alleged that plaintiff was not an employee subject to wage-and-hour regulation, but she was rather member of a limited liability company sharing business profits. Resolved by mediator’s proposal
• Action by actor alleging that the company and studio that retained him for a marketing campaign failed to pay him overtime wages, maintain business records, provide itemized wage statements, and pay all wages upon separation, and misclassified him as an independent contractor. Defendants company and studio alleged that plaintiff was performing a work-for-hire under a talent agency agreement, was properly retained an independent contractor in his own company, and had been fully paid for the contracted work performed. In addition, Defendant studio counter claimed alleging that plaintiff engaged in breach of contract and breach of duty of confidence on proprietary material. Resolved following mediation.
• Action by model alleging that her former employers, two connected fashion and accessories retailers, failed to immediately pay her as an employee at the conclusion of multiple photography shoots, and that she was thereby owed penalty payments under Labor Code section 203. Retailers alleged that model was an independent contractor under Labor Code section 2750.3, that she had been fully paid under the terms of the agreement between retailers and model’s talent agency, and that no penalties were owed. Resolved by mediator’s proposal.
• Action by truck driver alleging that his former employer, a trucking company, failed to pay him meal and rest periods and wages due upon termination, failed to provide him with accurate itemized wage statements, engaged in unfair business practices, and wrongfully terminated him for complaining. Employer denied these charges, alleged that driver was terminated for cause, because he failed to appear for work and follow company protocols to provide at least 4 hours' notice before any pending absence. Employer also alleged the Federal Motor Carrier Safety Administration (FMCSA) rules preempt California’s meal and rest break rules. Resolved by mediator’s proposal.
• Action by truck driver alleging that his former employer, a building supply business, failed to pay him overtime, minimum wage, meal and rest periods, and wages due upon termination, failed to provide him with accurate itemized wage statements and reimburse him for expenses, engaged in unfair business practices, and wrongfully terminated him for complaining. Employer denied these charges, alleged that plaintiff was in an exempt position not entitled to overtime pay or meal/rest breaks, and that he had voluntarily resigned. Resolved by mediator’s proposal.
• Action by director of nursing alleging that her former employer, a licensed skilled nursing facility, engaged in race discrimination, wrongfully terminated her in violation of public policy, committed wage and hour violations by denying her meal/rest breaks, and payment of final wages and overtime, was negligent, intentionally inflicted emotional distress upon her, and engaged in unfair business practices. The employer alleged that plaintiff was discharged for permitting subordinates excessive overtime, and that she was in an exempt position not entitled to overtime pay or meal/rest breaks. Resolved by mediator’s proposal.
• Class action by production employees alleging their employer, a corrugated container manufacturer, failed to pay timely wages, minimum wage and overtime, did not provide meal and rest breaks, failed to provide adequate pay stubs, did not maintain payment records, failed to reimburse for business expenses, and committed unfair business practices. Employer alleged it had complied with wage and hour requirements. The court certified the class on one cause of action. Meanwhile, another member of the class filed a separate class action on the same claims. Resolved globally by mediator's proposal.
• Action by former 24-hour, live-in caregiver alleging his former employer, a residential care facility for the elderly, failed to compensate him for overtime, double time and minimum wage, and committed other wage and hour violations. Former employer alleged that plaintiff requested to live at its facility, was not required to work more than 8 hours a day or 40 hours per week, slept on the job, and failed to perform. Resolved by mediator’s proposal.
• Class action in federal court by individuals performing production work alleging the company that retained them had misclassified them as independent contractors, failed to pay timely wages, minimum wage and overtime, failed to provide adequate pay stubs, committed unfair business practices, and violated PAGA. The hiring company alleged the individuals were independent contractors and not employees. Following an initial settlement agreement between those parties subject to court approval, plaintiffs then added a defendant, the company that had originally contracted with the one that retained plaintiffs, alleging joint liability. The contracting company opposed the settlement, alleged it had no involvement in the alleged wrongdoing, and filed a cross-claim against the hiring company for indemnity, contribution, and declaratory relief. The court rejected a good faith settlement determination and struck plaintiff’s class action allegations, ordering the parties back to mediation. Meanwhile, plaintiffs filed another wage and hour class action against the contracting company in state court. Resolved globally by mediator's proposal.
• Action by caregiver alleging her former employer, an octogenarian, who required a live-in caregiver at home, failed to pay her time-and-a-half overtime after she worked nine hours per day or 45 hours per week. Former employer alleged caregiver was not required to and did not perform any work when she slept at night, and should not be compensated for those hours. In addition, former employer alleged caregiver engaged in elder abuse. Resolved in mediation.
• Appeal by former employer, a solar company, challenging an order denying its motion to compel arbitration of a wage-and-hour and Private Attorney General’s Act (PAGA) action brought by its former employee, an installation supervisor. The employer alleged the Federal Arbitration Act (FAA) preempts PAGA. The employee alleged the FAA does not preempt PAGA. Resolved by mediator’s proposal.
• Class action by personal bankers alleging their employer, a national bank, committed wage and hour violations. The bank alleged it had fulfilled its duty to provide meal periods as a matter of law. Resolved by mediator’s proposal.

view all

• Class action by current and former nonexempt workers alleging that their employer, a commercial and industrial insulation business, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failure to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engagement in unfair business practices. Employer denied these claims and moved to compel arbitration under the collective bargaining agreements (CBA). The trial court held the CBA did not clearly waive the judicial forum and the arbitration provisions were unconscionable. Defendant appealed. Resolved by mediator’s proposal.
• Two class actions by current and former nonexempt workers alleging that their employer, a retail service agency, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failure to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engaged in unfair business practices. Employer denied these allegations, claiming that it had complied with all wage-and-hour statutes. Resolved globally by mediator’s proposal.
• Class and PAGA action by all current and former hourly-paid, nonexempt employees alleging that their former employer, a chain of franchise restaurants, engaged in wage-and-hour violations, including failure to pay overtime, meal and rest breaks, waiting time, and wages due, provide accurate itemized wage statements and reimbursement for expenses, and engaged in unfair business practices. Employer alleged that it had complied with wage-and-hour provisions the vast majority of the time, that a plurality of employees entered into arbitration agreements and meal break waivers, and that the restaurants’ liabilities exceed their assets. Resolved by mediator’s proposal.
• Class and PAGA action by all current and former hourly-paid, nonexempt employees alleging that their former employer, a chain of restaurants, engaged in wage-and-hour violations, including failure to pay them overtime, minimum wage, meal and rest periods, waiting time, and wages due upon termination, provide them with accurate itemized wage statements and reimbursement for expenses, and engaged in unfair business practices. Employer did not respond to these charges, alleging instead that the restaurant continues to be unprofitable post-pandemic, and that its liabilities far exceed its assets. Resolved on follow up by mediator’s proposal.
• Class action by current and former nonexempt workers alleging that their employer, a property management company, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failed to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engaged in unfair business practices. Employer denied these claims and alleged the vast majority of potential class members had agreed to arbitrate such disputes. Resolved by mediator’s proposal.

• Class and PAGA action by seasonal workers alleging that their former employers, a floral farm and a farm labor contractor, engaged in wage-and-hour violations, including failure to pay them overtime, minimum wage, meal and rest periods, waiting time, and wages due upon termination, provide them with accurate itemized wage statements and reimbursement for expenses, and engaged in unfair business practices. Employers denied these charges, alleging that workers had been fully compensated. Resolved following mediation.
• Class and PAGA action by parking attendants, valets, and cashiers alleging that their employer, a chain of parking garages, failed to provide them with meal/rest breaks, rounded their meal periods when they were short or late, failed to staff locations with relief attendants, owed them unpaid wages and premium pay, and failed to provide them with accurate itemized wage statements. Employer alleged that employees were instructed to take meal and rest breaks, and that it provided relief attendants in many locations where employees worked alone. Resolved by mediator’s proposal.
• Class and PAGA action by store managers alleging that their employer, a chain of drug stores, misclassified them as exempt employees, failed to pay them overtime, meal and rest periods and wages due upon separation, failed to provide them with accurate itemized wage statements, and engaged in unfair business practices. Employer alleged that store managers were properly classified as exempt employees, that wage-and-hour laws did not apply, that they were subject to binding arbitration, and that their claims were time barred. Resolved following mediation.
• Class action by consumer alleging that defendant, an electronic doorbell manufacturer, failed to disclose the cost of optional features available only through a paid subscription. Consumer alleged that manufacturer violated the Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law. Manufacturer alleged consumer sued in bad faith, failed to mitigate his limited damages, did not have standing to bring a class claim, and should have been bound by the manufacturer’s arbitration agreement. After the court denied class certification, plaintiff’s counsel brought an identical class action at a different venue. Global settlement discussions to continue.
• Class action by production employees alleging their employer, a corrugated container manufacturer, failed to pay timely wages, minimum wage and overtime, did not provide meal and rest breaks, failed to provide adequate pay stubs, did not maintain payment records, failed to reimburse for business expenses, and committed unfair business practices. Employer alleged it had complied with wage and hour requirements. The court certified the class on one cause of action. Meanwhile, another member of the class filed a separate class action on the same claims. Resolved globally by mediator's proposal.
• Appeal by consumer challenging the trial court’s denial of class certification in an action against mattress store alleging unfair competition and unfair advertising of its mattress size and price matching offer. Mattress store alleged consumer lacked standing, her claim had no merit, she had kept and enjoyed the mattress she bought, and she had declined a full refund. Resolved by mediator’s proposal.
• Class action in federal court by individuals performing production work alleging the company that retained them had misclassified them as independent contractors, failed to pay timely wages, minimum wage and overtime, failed to provide adequate pay stubs, committed unfair business practices, and violated PAGA. The hiring company alleged the individuals were independent contractors and not employees. Following an initial settlement agreement between those parties subject to court approval, plaintiffs then added a defendant, the company that had originally contracted with the one that retained plaintiffs, alleging joint liability. The contracting company opposed the settlement, alleged it had no involvement in the alleged wrongdoing, and filed a cross-claim against the hiring company for indemnity, contribution, and declaratory relief. The court rejected a good faith settlement determination and struck plaintiff’s class action allegations, ordering the parties back to mediation. Meanwhile, plaintiffs filed another wage and hour class action against the contracting company in state court. Resolved globally by mediator's proposal.
• Class action by 18 to 21-year-old, disabled incarcerated inmates in county jails alleging failure of multiple state, regional and local agencies to provide them with special education required by federal law. The public agencies alleged their policies and procedures comply with applicable law. This case commenced in 2008, was removed to federal court, and had been appealed at various levels, including the California Supreme Court. Case litigated for 10 years. Fully resolved by mediator’s proposal.
• Class action by deaf undocumented immigrant with a criminal record and a non-profit organization alleging that the U.S. government and a municipality had discriminated against detainees with hearing impairments by failing to provide American Sign Language interpreters. The detainee alleged she was not accommodated during her five-month incarceration in city jail, where she underwent oral surgery without informed consent and could not communicate readily with her lawyers. The government agencies alleged that their policies and procedures were in compliance with applicable law. Resolved in mediation.
• Class action by weld shop supervisor alleging that his former employer and its successor, both construction companies, discriminated against and harassed him and others similarly situated because of his disability and race, retaliated against him for having complained, failed to investigate his complaints, failed to prevent discrimination and harassment, and violated various wage-and-hour provisions. The former employer had dissolved its business, but its insurance policy was still in effect for the period in question. The successor employer alleged that plaintiff was never its employee. Resolved by mediator’s proposal.
• Class action by personal bankers alleging their employer, a national bank, committed wage and hour violations. The bank alleged it had fulfilled its duty to provide meal periods as a matter of law. Resolved by mediator’s proposal.

view all

• Action by college student alleging that a municipality and its police officers violated his 42 USC § 1983 civil rights with unreasonable seizure, violated the Bane Civil Rights Act, unlawfully detained him, assaulted him, and intentionally inflicted emotional distress upon him while on a traffic stop. The government alleged that the college student ran a red light, cooperated with officers by exiting his vehicle for a pat down, was briefly handcuffed while his car was searched with his consent, and was released within 15 minutes without incident. Resolved by mediator’s proposal.
• Action by the father of decedent alleging that a county and its deputy deprived decedent of his section 1983 civil rights, substantive due process, familial relations, and medical care, which implicated Monell. He claims the government violated various state law claims, and caused his son’s wrongful death when the deputy pursued and shot decedent dead on the street. County alleged that before he fled from a vehicle, decedent told the driver that he would not “go back to jail” and that he was “ready to shoot it out” with the deputy. Decedent then exited the vehicle with a handgun, fled, and shot at the deputy. The exchange of gunfire that followed caused decedent’s death. The county claimed the deputy used reasonable force under the circumstances and was entitled to qualified immunity. Resolved by mediator’s proposal.
• Action by two former inmates who were wrongfully convicted as teenagers and imprisoned for nearly 24 years for a 1997 drive-by murder that they allegedly did not commit. Another incarcerated person later confessed to the crime and the inmates were set free. The two men alleged that law enforcement violated 42 U.S.C. § 1983 by depriving them of liberty and due process, denying them a fair trial, abridging their rights under the Fourth and Fourteenth Amendments, engaging in civil rights conspiracy, inadequately interviewing witnesses, and failing to supervise police officers. The government alleged that no material evidence was suppressed and identification procedures were reliable and free of suggestion. Resolved through mediation.
• Action by arrestee alleging that a municipality and its police officers violated her 42 USC § 1983 civil rights by their unlawful search and seizure, retaliated against her for exercising her First Amendment rights, used excessive force upon her for which Monell liability could be imputed, battered her, acted with negligence, intentionally inflicted emotional distress upon her, and violated the Bane Act. Arrestee was apprehended on a Black Lives Matter protest in front of City Hall, and was transported to jail, searched, booked, and released. The government claimed that the arrest and search were valid, no one corroborated the allegations, and that arrestee did not suffer any objective injuries. Resolved by mediator’s proposal.
• Action by the adult children of decedent alleging that a county and its deputies committed various 42 U.S.C. § 1983 and 4th Amendment violations, as well as negligence against their late father by failing to protect him in a state-created danger. On patrol one night, police officers saw decedent and his girlfriend fighting by decedent’s SUV at a strip mall parking lot. Officers had known about the couple’s history of domestic violence, girlfriend’s prior theft of decedent’s vehicle, her unstable mental health, as well as the couple’s mutual restraining orders. Officers detained decedent, who was holding a knife he wrestled from girlfriend. However, girlfriend locked herself inside decedent’s SUV and refused a command to exit. She then drove out of the parking lot and returned with the engine running and facing the group. When officers handcuffed and booked decedent at the hood of the patrol car, girlfriend suddenly rammed the SUV into them, killing decedent. One of the officers escaped in time, while the other was clipped in the knee. Girlfriend then swung the vehicle around and tried to hit them once more. Police backup then pursued and apprehended girlfriend. The government claimed that the officers followed protocol and that girlfriend’s actions were not foreseeable. Resolved on post-mediation follow-up.

• Action by inmate alleging that a county and its law enforcement agents violated his 42 USC § 1983 civil rights by using excessive force, and that such force constituted assault and battery. After inmate was sentenced by the court and awaiting transport from the holding cell back to jail, he allegedly refused to be transported, shouted obscenities at deputies, pounded and shook a metal barricade, and approached deputies with raised fists. Inmate did not stop when deputies ordered him to do so. A deputy then punched inmate once in the jaw, disabling him and causing his false teeth to fall out. The government alleged that inmate was a threat to deputies and other inmates in the cell, and that reasonable force was used to restrain him. Resolved by mediator’s proposal following mediation.
• Action by former female inmate alleging that a county and a male deputy violated her civil rights when the deputy sexually harassed and assault her while she was incarcerated. The defense alleged that inmate failed to file a complaint, and no witnesses or video footage corroborated her allegations. Resolved following mediation.
• Action by parents of decedent alleging that a county, its sheriff and deputy deprived decedent of his civil rights and used excessive force when deputies pursued and shot him dead on the street. Parents alleged various 42 U.S.C. § 1983 violations, a Monell claim, failure to train, battery and wrongful death, negligence, and violation of the Bane Civil Rights Act. County alleged reasonable force was used. County claimed decedent was a known gang member, had committed multiple felonies, was the subject of a no-bail warrant for possession of a firearm, had run from the deputies, failed to stop and drop to the ground when ordered, and had pointed at deputies a loaded semi-automatic gun recovered with his DNA at the scene, and whose blood toxicology report showed THC, Fentanyl, amphetamine and methamphetamine in his system. Resolved following mediation.
• Action by college student alleging that a county and its motorcycle officer violated his 42 USC § 1983 civil rights with excessive force for which municipal liability could be imputed. The government alleged that the officer had probable cause to stop student for making an illegal right turn on a red light when pedestrians were in the crosswalk. It further alleged that appropriate force was used when student refused to produce his driver’s license, argued with and tried to film the officer, fought with them, and resisted arrest. Resolved following mediation.
• Action by pedestrian alleging negligence by a county and its fire department paramedic. When pedestrian was crossing the street, he was struck and injured by an emergency vehicle driven by the paramedic. The government alleged the pedestrian was contributorily negligent by crossing the street when emergency vehicles with sirens and flashing lights were in the immediate vicinity. Resolved following mediation.
• Action by three teenagers alleging that a county and its police officers violated their 42 USC § 1983 civil rights with excessive force for which municipal liability could be imputed. The government alleged that officers responded to a 911 call on a random street attack under the mistaken impression that the teenagers were the perpetrators rather than the victims. Officers drew their guns, handcuffed the teenagers, and released them. A crowd of spectators took videos of the incident and posted them on social media. Resolved by mediator’s proposal.
• Action by suspect alleging that a county and its law enforcement agents violated his civil rights by his false arrest, negligent handling of his arrest, negligent hiring, training and retention of officers, and the intentional infliction of emotional distress upon him. Suspect, a DUI avoidance app owner who posts police activity alerts for hundreds of thousands of followers, was filming a mass protest at a police station, whereby he was asked to disperse and not approach his car near a police cordon. When suspect held up a “I am media” sign and refused to give his name, he was arrested without incident, and was held overnight in jail. The phone, by which suspect used to film police protests, was confiscated for six months. The government alleged that plaintiff was properly arrested for refusing to follow the dispersal order. Resolved following mediation.
• Action by minor through her father and guardian ad litem alleging that a school district defamed them by libel and slander, and intentionally inflicted emotional distress upon them. After minor was permitted to attend a high school in the district under an inter-district transfer, father became active in openly expressing concerns to administrators, teachers and board members about various operations of the district. Tensions escalated such that the district filed police reports against father for criminal threats. When minor applied to continue her inter-district transfer permit for the next school year, the district obtained outside counsel’s statutory interpretation permitting the district to deny her application. Father protested to a county office of education that reversed the district’s denial of the transfer permit. Father then moved daughter into her grandparents’ home within in the district, so that she could complete her high school education there. Father and daughter then filed suit. District claimed that its actions were protected by immunity or privilege. Resolved by mediator’s proposal.
• Action by church, its founders and pastors alleging that a city violated their civil rights under the First Amendment’s Free Exercise, Free Speech and Assembly Clauses, the 14th Amendment’s Equal Protection Clause, and the Bane Civil Rights Act. In compliance with state and county health directives under the COVID-19 pandemic, the church held services outdoors and limited the decibel sound levels for these events. Plaintiffs alleged that the city unfairly singled out the church by applying its municipal noise ordinance to threaten, intimidate and harass them, when other organizations sponsoring high-decibel events were not cited. They claimed that the city called in county police and health agencies to investigate the church for violating health directives, even when no health violations were ever found. Plaintiffs further alleged that the municipal noise ordinance is void for vagueness and for constituting an unlawful prior restraint. City denied these claims, alleging that it had followed protocol in responding to citizens’ noise complaints. Resolved by mediator’s proposal.
• Action by decedent’s mother alleging that a county and its law enforcement officers were negligent and deprived decedent of his 42 U.S.C. § 1983 rights. After his DUI arrest and while awaiting his arraignment in the court’s holding cell, decedent hung himself using a makeshift COVID-19 facemask and a metal toilet paper holder. Decedent later died in the hospital. The government alleged that decedent lacked any suicide ideation that would have triggered a heightened duty for a suicide watch. As a result, the county alleged that his suicide was unforeseeable and not preventable. Resolved by mediator’s proposal.
• Action by the surviving adult children of decedent, who had dementia, alleging that a county and its law enforcement agents deprived decedent of his 42 U.S.C. § 1983 rights, were negligent in causing his wrongful death, failed to summon medical care, deprived him of familial relations, and committed other violations for which municipal liability was imputed. County alleged that police responded to 911 calls from neighbors reporting that decedent had a gun, made loud noises, and appeared to be shooting at cars from a barricade he constructed on the street. When law enforcement arrived and decedent did not put down what appeared to be a homemade rifle he pointed at an officer, police opened fire, fatally wounding decedent. The homemade rifle turned out to be pipes taped together in the shape of a weapon. Resolved following mediation.
• Action by young woman alleging sexual assault and battery by a police officer, who responded to her 911 call after her ex-boyfriend drove by her home and shot at her parked car. When the woman scrolled through her phone to find photos identifying her ex-boyfriend and his license plate, the officer also saw more intimate photos of the woman. This led to the officer allegedly touching the woman inappropriately and an exchange of texts about entering her home for a sexual liaison. The woman sued the officer and the municipality for assault, sexual battery, battery, intentional and negligent infliction of emotional distress, and negligent hiring and supervision. The officer admitted to the mutual texting and flirting, but not the inappropriate touching. The municipality denied any wrongful conduct on its part. Resolved by mediator’s proposal post-mediation.
• Action by an adult decedent’s biological father alleging that a county, its physicians and social worker were deliberately indifferent to decedent’s risk of harm, violated his 14th Amendment, ADA, and Rehabilitation Act rights, failed to train staff and committed unconstitutional custom, policy and practice for which Monell municipal liability was implicated, interfered with familial relations, and were negligent in decedent’s wrongful death while in custody. The government alleged plaintiff lacked standing, because plaintiff’s parental rights were terminated by the dependency court when decedent was age four, and decedent was adopted and raised by his grandparents with no support by plaintiff. In addition, decedent lacked suicidal ideation and showed no need for psychiatric treatment. Resolved by mediator’s proposal.
• Action by 27-year-old plaintiff, with a history of bipolar disorder and drug abuse, alleging that a municipality, its police officers and fire fighters violated his civil rights under 42 USC § 1983, used unreasonable deadly force, committed battery, were negligent in training and supervising personnel, and negligently inflicted emotional distress upon his fiancé, the co-plaintiff. On the day in question, fiancé called 911 three times when plaintiff exhibited severe anxiety, disorientation, and threatened to kill himself. The first time, plaintiff tried to stab his neck with a pen, was taken by ambulance to the hospital, and was released by the doctor after half a day. The second time, plaintiff threatened to kill himself with a knife. While en route by ambulance to the hospital, plaintiff tried to escape, fought with paramedics, and ran home. The third time, police officers unsuccessfully tried to persuade plaintiff to drop his knife and a metal trash can that he used as a shield, whereupon he ran outside and charged the officers while holding the weapon. When taser and rubber bullets failed to stop plaintiff, officers opened fire. Plaintiff underwent surgeries from being shot, lost one of his kidneys, had bullets lodged in his spine and leg, became a paraplegic, and was completely dependent on his fiancé’s care. The municipality denied liability, and alleged that its police officers and fire fighters followed protocol under the circumstances. Resolved by mediator’s proposal.
• Action by former female inmate, who had a mental disability and a history of drug abuse, alleging that a county and its male custodial assistant violated her civil rights when the assistant sexually assaulted and raped her while she was detained. The defense alleged that the inmate did not report the assault until months following her release, that she provided contradictory testimony between her initial investigatory interview and her subsequent interview nearly one year later. In addition, the government alleged plaintiff’s claims were uncorroborated, and were otherwise barred by the statute of limitations. Following appointment of a guardian ad litem and multiple mediations, resolved by mediator’s proposal.
• Action by two suspects, family members of decedent who died from a drug overdose, alleging that county deputy sheriffs who arrived to their home in response to a 911 call had falsely arrested, battered and tased them on account of their race. The government denied any racial animus, alleging instead that the suspects had obstructed the police and paramedics, had slapped and hit deputies, and had interfered with law enforcement in carrying out their duties. Resolved by mediator’s proposal.
• Action by detainee alleging that, on two pretrial detentions, county law enforcement officers and medical staff violated his Fourth, Eighth and Eleventh Amendment rights by maintaining poor confinement conditions, using unreasonable force, and were deliberately indifferent to his medical needs, acts that made the county liable. The government alleged that detainee suffered from mental illness, and that he was appropriately confined and treated during his incarceration for multiple felonies. Resolved by mediator’s proposal post-mediation.
• Action by patient alleging that a county and its hospital-based physicians committed medical malpractice and negligence when one of three birth control devices removed by surgery was inadvertently left within her uterus, causing her pain and discomfort over many months. On subsequent visits to the hospital, patient complained. The doctors told her that she likely had a kidney infection and treated her with antibiotics. Upon discovering that one of the birth control devices indeed had been left inside patient, the doctors were unsure whether that was the cause of her pain. Finally, patient underwent a second surgery to remove the retained device. but her pain and discomfort persisted. Resolved by mediator’s proposal.
• Action by minor through his guardian ad litem alleging that a county and its law enforcement agents violated his presumed father’s civil rights, failed to properly train and supervise officers, and acted negligently, assaulted, battered and interfered with father’s constitutional rights when they restrained, tasered and caused his wrongful death. Grandmother of the minor joined the action as well. County alleged that grandmother had called on law enforcement to control and remove decedent, because he was on drugs, had threatened her life and that of her daughter, and that tasering under the circumstances was a reasonable use of force. Resolved following mediation.
• Action by suspect alleging that a county and its law enforcement agents violated his 42 USC § 1983 civil rights by using excessive force, unreasonable search and seizure, and false imprisonment, by battering him, and by violating the Bane Civil Rights Act. Suspect was a passenger in a parked vehicle which had parked in a driveway after the driver made abrupt turns. When officers detained the driver for lacking a driver’s license and having an open container in the vehicle, they also asked suspect to step out. When suspect challenged their commands, the officers took him down, restrained him, and use pepper spray on his face. The government alleged that plaintiff had smelled of alcohol, had watery eyes, and had resisted arrest, and that the use of force was reasonable. Resolved by mediator’s proposal.
• Action by suspect alleging that police officers unlawfully searched and seized him, and used excessive force upon him when he was walking on the street and looking at his cell phone. Suspect alleged that even though he did not resist arrest, the officers repeatedly punched him on his face, causing him to collapse on the ground, his jaw to be fractured, and two of his teeth to fall out. Suspect alleged that officers pinned him to the ground, pepper sprayed his face, and took him into custody. The defense alleged that suspect had walked erratically, showed evidence of drug use, resisted arrest, looked at his waistband where he carried a 9-inch knife, and possessed drug paraphernalia, for which suspect was held to answer. Officers alleged reasonable force was use. A store video captured the arrest. Resolved through mediation.
• Action by decedent’s mother, minor daughter and her guardian ad litem alleging that a county and its law enforcement officers deprived decedent of his 42 U.S.C. § 1983 rights, were negligent, failed to summon medical care, and committed other violations, for which municipal liability was imputed. Plaintiffs allege that even though decedent’s cellmate was hospitalized for drug overdose, jailers failed to check the well-being of decedent or search for contraband in violation of established policies and procedures. As a result, they alleged that decedent died of a drug overdose within hours of cellmate’s hospitalization. The government alleged that opioid overdose was not reasonably preventable because decedent intentionally concealed his illicit drug use from custody personnel, medical staff, fellow inmates and even his own mother. As a result, no county employee or member of decedent’s family had reason to believe he was at risk of dying from an overdose. Resolved by mediator’s proposal.
• Action by minor, her mother and guardian ad litem alleging that, many years after a wrongful death, excessive force and Bane Civil Rights Act settlement involving decedent’s wife and children, minor claims to be an illegitimate daughter of decedent’s whose interests were not addressed in the prior action. Minor alleged excessive force and municipal liability against the same county that had settled the prior lawsuit. County alleged that minor lacked standing, the action was barred by California’s one-action rule, and the lack of viability for any constitutional violations. Resolved by mediator’s proposal.
• Action by a police officer alleging that his employer, a county, and its law enforcement officers violated his 42 U.S.C. § 1983 civil rights under the First, Fourth, Fifth and Fourteenth Amendments, and alleged County was liable under Monell. When officer and his spouse alleged mutual spousal abuse, law enforcement arrested them both and seized weapons from the home, social services removed their child, and the dependency court placed the child with a family member for many months. At the same time, officer was suspended for a short while, was required to enroll in various preventative courses, and was ineligible for promotion for a time. County alleged that it complied with all applicable constitutional authorities, statutory provisions, and institutional protocol in light of the situation. Resolved by mediator’s proposal.
• Action by the mother and personal representative of decedent alleging that a county and its medical staff deprived decedent of her 42 U.S.C. § 1983 civil rights while she was detained and falsely imprisoned in the hospital following a Health & Safety Code section 5150 hold, that she was battered, restrained, and denied her familial rights, and that doctors and nurses committed medical malpractice, which led to decedent’s death. The government alleged that the medical staff was appropriately trained, that the treatment they rendered met the standard of care, that they were entitled to qualified immunity, and that decedent’s death due to pulmonary emboli was unexpected. Resolved by mediator’s proposal.
• Action by 61-year-old man alleging that a county and its law enforcement agents violated his civil rights with excessive force when deputies seized and detained him after he cooperated without resistance, threw him onto the ground, sat upon him, handcuffed and arrested him, delayed taking him to the hospital, declined to give him food or water, caused him to suffer abrasions, contusions, high blood pressure, and emotional distress. The government alleged that its deputies properly responded to a 911 call for assault with a deadly weapon involving plaintiff and the housemate of his passenger, and that reasonable force was used when plaintiff resisted arrest. Resolved following mediation.
• Action by former worker alleging that her former employer, a federal agency, engaged in Title VII discrimination, harassment and retaliation on account of her association with another employee, her then-husband, who had complained about sexual harassment and retaliation by their common female supervisor. Worker alleged that supervisor stalked her, sent harassing texts and made threatening calls to her on a government cell phone, stole worker’s wedding dress, refused to approve worker’s leave request for surgery, and threatened to call the police with the false claim that husband had raped supervisor. Moreover, the government allegedly forced worker to retire after she complained. The government alleged that it had terminated supervisor after an investigation. It further claimed that worker’s third-party claims of harassment and retaliation were not meritorious, because supervisor and worker were romantic rivals—a novel defense not recognized by the Ninth Circuit, according to the trial court. Resolved by mediator’s proposal.
• Action by former detainee alleging that an armored truck driver shot and injured detainee when he drove alongside while allegedly brandishing a gun at the driver. After the incident, the armored truck driver called 911. County law enforcement officers responded at the scene and simultaneously at the hospital where detainee had driven himself. At the same time, detainee’s cousin visited him at the hospital. Cousin was detained briefly for an interview and released. Because neither a gun nor any gun powder residue was found on detainee, all charges were dropped against detainee. Detainee and cousin then sued the armored car company, the driver, and law enforcement officers for negligence, assault and battery, false arrest, negligent supervision, intentional infliction of emotional distress, violation of civil rights and municipal liability under 42 U.S.C. § 1983, unlawful search of his home without a warrant, and the Ralph Civil Rights Act. After settling with the armored car company, detainee and his cousin continued to sue the county. The defense alleged that law enforcement had probable cause to respond at the scene of the shooting, and at the hospital where detainee was being treated for his gunshot wound, and to search for the missing gun and gun residue. Resolved following mediation.
• Action by suspect alleging that, on the night of the George Floyd protest and looting in Los Angeles, a county and its law enforcement agents violated his civil rights when officers chased, punched, and pressed their knees on his side and back when they detained him. Suspect alleged that he did not resist arrest and that officers used excessive force, causing him bodily injury and emotional distress. The government alleged the officers had probable cause to detain suspect, because, as captured on various videos, he parked at the store that was actively being looted, that he and his passengers were identified as having been inside the store, and that suspect subsequently drove at high speed through a residential neighborhood to get away until he crashed his vehicle against a tree on the median. Then suspect jumped out of his car and ran into the parking lot of another store to hide behind a barricade. When officers asked him to lie face down and put his hands behind his back, suspect allegedly hid them under his body, struggled and resisted arrest, whereupon reasonable forced was used to detain him. Resolved by mediator’s proposal.
• Action by citizen alleging that, on the night of the George Floyd protest and looting in Los Angeles, she witnessed police officers chase, beat and detain a man behind her house. Citizen took a video of part of the incident and her son posted it on social media. Citizen alleged that the man being apprehended did not resist arrest and that officers used excessive force, contradicting the police report. Thereafter, citizen claimed law enforcement visited her home, stopped her son when he drove in the neighborhood, and placed threatening messages on her home phone. As a result, she accused the government and officers of intentional infliction of emotional distress, causing her PTSD, panic attacks, anxiety and agoraphobia. Citizen further claimed these incidents forced her to take four months of medical leave from work, to install cameras throughout her property, and compelled her son to move out of state. The government denied any merit on citizen’s claims, alleging that reasonable force was used on the man who resisted arrest and proper investigative procedures were followed. Resolved by mediator’s proposal.
• Action by the mother and personal representative of decedent alleging that a county and its law enforcement officers deprived decedent of his 42 U.S.C. § 1983 civil rights while he was detained in jail. Decedent allegedly suffered wrongful death at the hands of his cellmates, because defendants failed to perform mandatory safety checks of his cell. County alleged that despite law enforcement officers’ proper safety checks and immediate response to resuscitate decedent, his death was unforeseeable. Resolved by mediator’s proposal.
• Action by the estate of decedent, who had a history of schizoaffective disorder, alleging that a county and its law enforcement officers deprived decedent of his 42 U.S.C. § 1983 civil rights and failed to properly monitor him when he suffered wrongful death in a private holding cell following his arrest for smashing a car window. County alleged that decedent was not under the influence of drugs or alcohol, responded appropriately, did not experience any physical harm or cause himself harm, was properly monitored by jail officials, suffered a heart attack in his sleep, and subsequently died despite receiving medical treatment. Resolved by mediator’s proposal.
• Action by citizen alleging that a county, its sheriff’s department and deputies violated his 42 U.S.C. § 1983 civil rights when he was seized and detained for attempted murder and possession of a firearm after he ran from deputies at a crime scene. No gun was found at the scene. Charges were ultimately dropped after exculpatory evidence revealed a negative gun powder residue test. After six months of incarceration, plaintiff lost his home and job as a welder. The government alleged that plaintiff had a long criminal record, and that deputies had probable cause for the arrest, because contemporaneous video surveillance footage allegedly showed an accomplice retrieving the missing gun at the scene. Resolved following mediation.
• Action by courier alleging that a county, its sheriff’s department and deputies violated his civil rights when he was stopped and apprehended for suspected DUI while operating his workplace vehicle. Plaintiff refused to take a field sobriety test and blood alcohol test. Plaintiff alleged he suffered injuries from his arrest that required ongoing treatment. After charges were dropped, plaintiff filed his 42 U.S.C. § 1983 civil rights suit alleging excessive force, false arrest, supervisor liability, municipal liability, failure to train, hate violence, false imprisonment and other torts. Defendants alleged that plaintiff had refused to cooperate with field sobriety and blood alcohol tests, and that the deputies had used appropriate force. Resolved in mediation.
• Action by family of decedent, a veteran with schizophrenia, alleging that a county and its law enforcement officers deprived decedent of his civil rights when the officers restrained and placed their knees upon him, assaulted and battered him, caused his wrongful death, intentionally and negligently inflicted emotional distress upon the family, and engaged in threats, intimidation or coercion. The government alleged that appropriate force was used, because decedent had repeatedly threatened his neighbors and children with violence, was known to own guns, and had resisted arrest by fighting with the officers. Resolved following mediation.
• Action by 60-year-old woman alleging that a county and two of its deputy sheriffs violated her civil rights when they entered her house without a search warrant or consent in order to find her daughter on a $3,000 credit card fraud charge. Mother and daughter were forcefully apprehended, handcuffed, arrested, and put in a police vehicle in front of their neighbors. Charges of obstructing the police were dropped against both mother and daughter. Daughter took a video of the incident on her cell phone. Mother suffered bruises on her arms, anxiety, PTSD, heart palpitations and teeth grinding. An internal investigation found the deputies’ conduct should have been different. County conceded liability but disagreed on the valuation of damages. Resolved following mediation.
• Action by minor siblings through their guardian ad litem alleging that a county and its social workers, a licensed foster home agency and its workers, and a foster home owner were negligent in permitting the physical, sexual and emotional abuse of the siblings by foster mother’s minor son. County and foster home agency alleged that, as soon as they learned about the alleged abuse, they immediately removed the siblings, provided them with medical care, placed them a safe foster home, investigated the allegations, reported the incident to the police, and decertified the offending foster home. Resolved in mediation.​
• Action by 66-year-old co-chair of a neighborhood watch, who had been videotaping police activity at a neighborhood home invasion, alleging that a county and its law enforcement officers violated his civil rights when they arrested him, seized his camera and lost his SD card, detained him in jail overnight, refused to allow him a phone call, and forced him to leave his car unattended on the street during his detention, which was then vandalized. Co-chair filed an internal affairs grievance against the officers. County ultimately dropped all charges against him. County alleged because co-chair had argued with and threatened to attack an officer with his camera, probable cause justified seizure of his person and property. Resolved by mediator’s proposal.
• Action by the three surviving children and former spouse of decedent alleging that a county and its law enforcement agents failed to protect decedent while he was in custody. They claimed the government had violated decedent’s civil rights by negligently failing to properly classify and segregate an inmate known for his violent mental disorder, who then beat up decedent, causing him severe injury and eventual death. The county alleged that its classification of the inmate was proper, and decedent was an instigator and willing participant in the altercation that led to his death. Resolved by mediator’s proposal.
• Action by citizen alleging that a county, its sheriff’s department and deputies violated his civil rights when he was stopped and apprehended for expired plates on his vehicle, possessing illegal substances, and resisting arrest. Plaintiff suffered extensive injuries on his arrest that required surgery and treatment. After prevailing on his criminal trial and appeal, plaintiff filed his 42 U.S.C. § 1983 civil rights suit alleging excessive force and various torts. Defendants alleged that plaintiff resisted arrest and deputies used appropriate force. Resolved by mediator’s proposal.
• Action by female inmate alleging that a county and its male deputy sheriff violated her civil rights when the deputy sexually assaulted her while she was detained. The defense alleged that inmate did not report the assault when the deputy was investigated, failed to exhaust her administrative remedies, the statute of limitations had run, and tolling is not applicable for pre-sentenced inmates. Resolved by mediator’s proposal.
• Action by landlords alleging that a city violated their constitutional right to contract and imposed excessive fines under a void municipal ordinance banning short-term residential rentals. The municipality alleged it properly exercised its powers to enact legislation for the general good of the community. The city further alleged its citations and fines were appropriate to have the desired deterrent effect. Resolved through mediation.
• Action in federal court by former female inmate that, while she was incarcerated, defendants sheriff deputies and the county engaged in willful misconduct by exposing her to an outbreak of contagious parasites, failing to provide her medical treatment, and exposing her to toxic insecticide spray in retaliation for complaining. Plaintiff’s cell mate alleged similar allegations in her state court action. County and deputies deny having violated plaintiffs’ constitutional rights by engaging in the alleged conduct or intentionally causing them emotional distress. Defendants also dispute the nature and extent of their claimed damages. Resolved globally by mediator’s proposal.
• Action by incarcerated inmate alleging that a county, its sheriff’s department, and deputies violated his civil rights and failed to protect him by not placing him in protective custody. Being incarcerated in the general population allegedly allowed two other inmates associated with a gang to attack plaintiff, and caused him to injure himself while fleeing his assailants. The defense alleged that the inmate failed to exhaust his administrative remedies, never requested protective custody, failed to defeat qualified immunity enjoyed by deputies, and any excessive force by other inmates could not be imputed to the County. Resolved following mediation.
• Action by disabled person through his guardian ad litem alleging that a city and its law enforcement agents violated his civil rights and used excessive force when they arrested him, and that the officers knew he had a mental disability. The city alleged that its law enforcement agents had been called to investigate a report of public indecent exposure involving plaintiff, that he appeared to be on drugs, that he was violent and resisted arrest, and that appropriate force was applied. Resolved by mediator’s proposal.
• Action by two female inmates alleging that a county, its sheriff’s department, sheriff. and a male deputy violated their civil rights when the deputy sexually harassed and assaulted the women while they were incarcerated. The defense alleged that one of the plaintiffs failed to exhaust administrative remedies, and the second plaintiff had voluntarily exposed herself without provocation by the deputy. Meanwhile, the court granted summary judgment on all counts and against all defendants for the first plaintiff. The first plaintiff then filed two notices of appeal. The second plaintiff continued her litigation. Resolved globally by mediator’s proposal.
• Action by parent in federal court, following state court action and appeal, alleging a county child protective agency had wrongfully removed her child by deception, fabricated evidence and fraud in violation of her constitutional due process under 42 U.S.C. §1983. The government alleged, among other defenses, that plaintiff’s claims were barred because federal courts other than the United States Supreme Court cannot sit in direct evidence of state court actions. Resolved in mediation.
• Action by minor through her guardian ad litem alleging that a county and its law enforcement agents violated her civil rights by using excessive force when they restrained her as a passenger in a vehicle without a front license plate. The county alleged that plaintiff resisted arrest, and that her cell phone holder in the car’s center console resembled a firearm. Resolved by mediator’s proposal.
• Action by three female inmates alleging that a county, its sheriff’s department, and a male deputy violated their civil rights when the deputy sexually harassed and assaulted the women while they were incarcerated. The defense alleged that the women had invited and consented to the deputy’s advances, and that there were flaws in plaintiffs’ theory of the case. Resolved by mediator’s proposal.
• Appeal by a county after plaintiff, mother of a deceased newborn, won a jury verdict. Mother alleged that the county coroner’s office had violated a mandatory duty under statute by cremating her baby without adequate notice and prior authorization, and that county had waited too long to perform an autopsy to determine the cause of death, actions that caused mother serious emotional distress. County alleged that it had not violated a mandatory duty under statute, that it had left a voice mail notice for mother about the cremation, and that mother had failed to timely pick up her voice mail. Mother cross appealed on some of the claims not adjudicated at trial. Her attorneys’ fee motion was pending. Resolved in mediation.
• Action by male student alleging officials responsible for his Title IX process at a public university violated his due process rights by deliberately pursuing, investigating, trying, and convicting him of the alleged sexual assault of a female student, when witnesses and exculpatory evidence showed no sexual assault occurred. University officials alleged they had provided male student with an appropriate disciplinary hearing, and claimed qualified immunity. The state trial court denied male student’s petition for writ of administrative mandate. In a published opinion, the state appellate court reversed and issued a remittitur in favor of male student. A separate federal court action by male student alleging violation of constitutional due process and various torts had been stayed pending resolution of the state court proceedings. Resolved globally through mediation.
• Action by records technician alleging that her former employer, a municipality, failed to engage in the interactive process and reasonably accommodate her disability; that her former supervisor harassed and retaliated against her because of her disability; and that the municipality’s contractor performing fitness for duty examinations failed to provide her with a copy of her medical report. The municipality alleged the former employee could not perform the essential functions of the job with or without accommodation; and the contractor alleged lack of standing and mootness. Resolved through mediation.
• Action by emergency management coordinator alleging that her employer, a municipal fire department, and a firefighter engaged in sexual harassment, retaliation, failure to take all reasonable steps to prevent harassment, negligent hiring, sexual battery, battery, and gender violence. The defendants alleged the firefighter’s conduct was neither unwelcome nor severe or pervasive enough to constitute a hostile work environment. Resolved by mediator’s proposal.
• Action by minor through his guardian ad litem alleging that a county and its law enforcement agents violated his civil rights and used excessive force when they tasered him for refusing to show what was hidden inside his hat. The county alleged that its law enforcement agents had been called to investigate an attempted robbery involving the minor, that the minor had run away from a juvenile facility, that he had refused to cooperate with the deputies, that he had a history of attempting to use a deadly weapon, that a weapon could have been hidden in his hat, and that law enforcement followed protocol. Case litigated for five years. Resolved by mediator’s proposal.
• Action by husband and wife alleging that a county and its law enforcement agents violated their civil rights by executing a warrant without probable cause, breaking into their apartment in the night to search for a suspect unknown to them, roughly handling the husband and causing him physical injury and the couple emotional injury, and destroying their personal property. The county and law enforcement alleged the warrant was issued with probable cause, was executed in good faith and according to protocol, and the government was entitled to qualified immunity in carrying out its police powers. Resolved by mediator’s proposal.
• Action by 69-year-old teacher alleging her former employer, a school district, discriminated against and harassed her on the basis of her age, and retaliated against her after she complained. The former employer alleged the teacher refused to accept constructive feedback on her performance, was the subject of complaints and an investigation for acting out toward students, and had elected to retire. Resolved by mediator’s proposal.
• Action by professor alleging his former employer, a public university, retaliated against him following an administrative settlement of his complaint for age, race and disability discrimination. The professor claimed that the university failed to honor the terms of the settlement agreement, impeded his research and teaching opportunities, and barred him from attending professional conferences. The university alleged the professor had earlier elected to benefit from a faculty early retirement program that permitted him to both collect a pension and work part-time, an option that limited his teaching and research activities, and travel had not been authorized under the federal program that funded the professor’s work. The trial court granted summary judgment for the university. The appellate court found triable issues and overturned the trial court. Resolved by mediator’s proposal.
• Class action by 18 to 21-year-old disabled incarcerated inmates in county jails alleging failure of multiple state, regional and local agencies to provide them with special education required by federal law. The public agencies alleged their policies and procedures comply with applicable law. This case commenced in 2008, was removed to federal court, and had been appealed at various levels, including the California Supreme Court. Portions of the class action were settled over nine years. Case litigated for 10 years of which portions of the class action were settled. Fully resolved by mediator’s proposal.​
• Appeal by parent, perceived as having a mental disability, alleging a county child protective agency had wrongfully and permanently removed her child without a warrant. She further alleged that the government made false statements about her perceived mental disability in violation of her constitutional due process under 42 U.S.C. §1983, and discriminated against her in violation of the ADA and the Unruh Civil Rights Act, warranting higher attorneys' fees than the amount awarded at trial. The government's cross-appeal alleged plaintiff was not regarded as having a disability, as well as res judicata, instructional error, qualified immunity, lack of substantial evidence, and insufficiency of the evidence. Case litigated for seven years. Resolved in mediation.
• Class action by deaf undocumented immigrant with a criminal record and a non-profit organization alleging that the U.S. government and a municipality had discriminated against detainees with hearing impairments by failing to provide American Sign Language interpreters. The detainee alleged she was not accommodated during her five-month incarceration in city jail, where she underwent oral surgery and was medicated without informed consent, and could not communicate readily with her lawyers. The government agencies alleged that their policies and procedures were in compliance with applicable law. Resolved in mediation.
• Action by a group of deaf teachers in a public school for the deaf alleging their employer, a school district, failed to provide effective communication devices and reasonable accommodation under federal and state public accommodations and disability access laws. Following partial settlement on the case in chief, the parties disputed plaintiffs’ attorneys’ fees. The school district alleged the attorneys’ fees demand was excessive. Resolved by mediator’s proposal.
• Action by facilities manager alleging her former employer, a public university, discriminated against and harassed her because of her race and sex, retaliated against her for complaining, constructively terminated her, and committed other compensation violations and torts against her. The university alleged the employee failed to exhaust her administrative remedies. Resolved by mediator’s proposal.​
• Action by seasonal employee alleging her former supervisor and former employer, a governmental agency, sexually harassed, battered, assaulted, discriminated, retaliated, created a hostile work environment, failed to prevent such conduct, and intentionally inflicted emotional distress against her. The employer alleged that it took reasonable steps to prevent discrimination and retaliation from occurring, and the employee failed to avoid the consequences by not using the employer's complaint procedure. Resolved following mediation.
• Action by tenure-track professor alleging her former employer, a public university, discriminated against her when it denied her tenure and terminated her on account of her sex, age and marital status. The employer alleged that the professor had not met the standards for research and teaching required for tenure following a seven-year probationary period.
• Action by applicant for tenancy in an apartment complex against landlord, a municipal housing authority and individual defendants, alleging retaliation for having complained in the past about discrimination under California and federal fair housing laws. Housing authority alleged breach of a prior settlement agreement between the parties under which applicant had promised to never again apply for tenancy at the same apartment complex. Resolved by mediator’s proposal.
• Action by disabled passenger in wheelchair alleging public transit authority failed to comply with disability access and public accommodations laws, and committed various torts when she was injured while boarding a bus. The public transit authority alleged it had complied with applicable law and the passenger was not injured. Resolved by mediator’s proposal.
• Action by disabled passenger in wheelchair alleging a public transit agency failed to comply with disability access and public accommodations laws, and denied him and his companion use of the public transit. The agency alleged it did provide service to the passenger and his companion on the next available shuttle bus. Resolved by mediator’s proposal.

view all

• Action by consumer alleging that a golf course discriminated against him on the basis of sex under the Unruh Civil Rights Act and the Gender Tax Repeal Act when it sponsored a woman’s golf day, which offered women discounts on playing golf, golf ball rentals, green fees, cart rentals, wine and other amenities. The golf course alleged that it had partnered with a women’s sports foundation to encourage women to play golf, a sport that has historically excluded women. As a result of the litigation, women’s golf days are no longer sponsored in California. Resolved following mediation.
• Action by tenant alleging that landlord failed to accommodate his disability or engage in the interactive process after tenant was injured and temporarily confined to a wheelchair. Tenant alleged that landlord discriminated against him because of his disability under the FEHA, Disabled Persons Act, Unruh Civil Rights Act, and the Los Angeles Civil and Human Rights Law. Landlord alleged that all building elements of its 2018-constructed apartment met the ADA, the California Building Code, and that the building had been inspected and permitted by the city. When the wheelchair lift required maintenance, management immediately called the manufacturer and repair persons. Any delay in finally obtaining service was not under landlord’s control, because of business closures under the COVID-19 pandemic, the resulting supply chain’s backlog on parts, and the Christmas holiday. A temporary halt in the operation of an interior elevator was similarly caused by an area-wide power outage. Moreover, landlord alleged that tenant had not paid rent for 18 months under the California COVID-19 Rent Relief program. Resolved by mediator’s proposal.
• Action by deaf minor alleging that an urgent care center, to which she was admitted for a mental health evaluation, failed to reasonably accommodate her with an American Sign Language (ASL) interpreter or any auxiliary services. Minor alleged the center engaged in disability discrimination in violation of the Americans with Disabilities Act, section 504 of the Rehabilitation Act, and the Unruh Civil Rights Act. The center alleged that the minor never requested an ASL interpreter, that she could communicate in written English, and that she was released to go home as requested after two hours. Resolved by mediator’s proposal.
• Action by deaf homeowner alleging that her homeowners’ association (HOA) refused to reasonably accommodate her with an American Sign Language (ASL) interpreter at two board meetings. Instead HOA told homeowner that she would have to pay for and bring her own interpreter. Homeowner alleged HOA engaged in disability discrimination under the Fair Housing Amendments Act, Fair Employment and Housing Act, and Unruh Civil Rights Act. HOA alleged its board had engaged in the interactive process by promising to speak slowly at the meeting, and alleged it was not required to provide an ASL interpreter at its board meetings. Resolved by mediator’s proposal.
• Action by consumer in a wheelchair alleging the property owner and lessee of a restaurant violated federal and state public accommodations and disability access laws on the business’ non-compliant restroom sink, mirror, grab bar, door handle, door width, counter, point of sale machine and door mat. The owner and restaurant alleged that any architectural barriers had been removed and the establishment was in compliance. Resolved by court-ordered mediation.

• Action by consumer with mobility disability alleging the property owner of a convenience store business violated federal and state public accommodations and disability access laws on the non-compliant grade in its disability parking space. The owner and business alleged the grade complied with applicable law. Resolved by mediator's proposal.
• Action by consumer with disability alleging a massage business violated federal and state public accommodations and disability access laws on its noncompliant grade in its disability parking space. The business alleged it had no control over the parking lot, which was the responsibility of the commercial landlord. The business cross claimed against the commercial landlord, who alleged the grade complied with the ADA. Resolved by mediator’s proposal.
• Action by consumer in wheelchair alleging a car wash business violated federal and state public accommodations and disability access laws on its non-compliant point-of-sale counter and men’s restroom. The business alleged that it made modifications to comply with the law. Resolved by mediator’s proposal.
• Action by consumer in wheelchair alleging a shoe store violated federal and state public accommodations and disability access laws on its non-compliant point-of-sale counter. The business alleged that it has no point-of-sale counter, and instead uses only portable tablets for conducting sales throughout the store, which complies with the ADA regulations. Resolved in mediation.
• Action by consumer with mobility impairment alleging a smog test business violated federal and state public accommodations and disability access laws on its non-compliant disability parking spaces and signage. The business alleged it had corrected any non-conformities and plaintiff lacked standing. Resolved in mediation.
• Action by consumer in wheelchair alleging an auto parts business violated federal and state public accommodations and disability access laws on its non-compliant disability parking spaces and signage. The business alleged it had corrected any non-conformities. Resolved by mediator's proposal.
• Action by consumer in wheelchair alleging a cannabis business and the property owner violated federal and state public accommodations and disability access laws on their non-compliant disability parking space and point-of-sale counter. The business and landlord alleged they corrected any non-conformities. They also alleged the matter was moot, because new zoning regulations no longer permit retail stores at that location and the business was no longer at the property. Resolved by mediator's proposal.
• Appeal by parent alleging a county child protective agency had wrongfully and permanently removed her child without a warrant. She further alleged that the government made false statements about her perceived mental illness in violation of her constitutional due process under 42 U.S.C. §1983, and discriminated against her in violation of the ADA and the Unruh Civil Rights Act, warranting higher attorneys' fees than the amount awarded at trial. The government's cross-appeal alleged plaintiff was not regarded as having a disability, as well as res judicata, instructional error, qualified immunity, lack of substantial evidence, and insufficiency of the evidence. Case litigated for seven years. Resolved through mediation.
• Class action by deaf undocumented immigrant with a criminal record and a non-profit organization alleging that the U.S. government and a municipality had discriminated against detainees with hearing impairments by failing to provide American Sign Language interpreters. The detainee alleged she was not accommodated during her five-months incarceration in city jail, where she underwent oral surgery and was medicated without informed consent, and could not readily communicate with her lawyers. The government agencies alleged that their policies and procedures were in compliance with applicable law. Resolved by mediator’s proposal.
• Class action by 18 to 21-year-old, disabled incarcerated inmates in county jails alleging failure of multiple state, regional and local agencies to provide them with special education required by federal law. The public agencies alleged their policies and procedures comply with applicable law. This case commenced in 2008, was removed to federal court, and had been appealed at various levels, including the California Supreme Court. Case litigated for 10 years of which portions of the class action were settled. Fully resolved by mediator’s proposal.
• Action by consumer in wheelchair alleging a department store violated federal and state public accommodations and disability access laws on its non-compliant point-of-sale machines, and the cashier had allegedly stated that the devices could not be removed to accommodate her, who then allegedly relied on another consumer to swipe her credit card and enter her pin number. The business alleged it was in compliance with applicable law. Resolved by mediator's proposal.
• Action by blind consumer alleging a restaurant denied access to her, her companions, and her guide dog in violation of federal and state disability access and public accommodations laws. The restaurant alleged that no dogs are allowed without exception. Resolved following mediation.
• Action by disabled consumer in wheelchair alleging a print shop business violated federal and state public accommodations and disability access laws on a non-compliant handicapped parking space and signage. The business alleged it had corrected the non-conformity and the consumer never entered the establishment. Resolved by mediator’s proposal.
• Action by disabled consumer in wheelchair alleging flight school discriminated against her for her disability and failed to provide any conforming handicapped parking space and signage for her to take a free test flight. The flight school alleged it did not have control over the common areas in its rented space and any nonconformance had been corrected. Resolved by mediator’s proposal.
• Action by disabled consumer in wheelchair alleging auto shop discriminated against him for his disability by blocking access to handicapped parking at the premises. The business alleged it did not have control over the common areas in its rented space and any nonconformance had been corrected. Resolved by mediator’s proposal.
• Action by disabled passenger in wheelchair alleging public transit authority failed to comply with disability access and public accommodations laws, and committed various torts when she was injured while boarding a bus. The public transit authority alleged it had complied with applicable law and the passenger was not injured. Resolved by mediator’s proposal.
• Action by disabled passenger in wheelchair alleging shuttle bus company failed to comply with disability access and public accommodations laws, and denied him and his companion use of the public transit. The company alleged it did provide service to the passenger and his companion on the next available shuttle bus. Resolved by mediator’s proposal.

view all

• Action by prospective tenant alleging that landlord and realtor discriminated against her in violation of the FEHA and the Unruh Civil Rights Act when they denied her rental housing because of her mental disability and prescription for an emotional support animal (ESA). Prospective tenant later secured comparable housing that accepted her ESA for the same rent. Landlord and the realtor, the latter in bankruptcy, cross-complained against one another. Defendants denied any discriminatory animus, alleging instead that prospective tenant’s low credit score and inadequate earnings prevented her from obtaining the apartment. Moreover, defendants claimed they ultimately rented the unit to another qualified applicant who also had a disability and an ESA. Resolved globally by mediator’s proposal.
• Two consolidated landlord-tenant lawsuits in which: first, the landlord filed an unlawful detainer action to evict tenants alleging failure to quit the premises at the end of the tenancy; and second, tenants filed an action alleging landlord breached the warranty of habitability, retaliated against tenants, and failed to comply with a municipal rent stabilization ordinance. Resolved globally by mediator’s proposal.
  
• Action by prospective tenants, the parents and conservators of a disabled adult son, alleging that landlords, who initially intended to rent their property to them, denied them rental housing when they learned of son’s disability and his Section 8 housing voucher. Tenants then secured less desirable housing elsewhere, paying for upgrades that they would not have needed if they could have moved into the subject property, and suffered emotional distress. They alleged that landlords violated the housing disability and source of income discrimination provisions of the FEHA, as well as the Unruh Civil Rights Act and the Unfair Practices Act. Landlords denied these claims. They alleged that although the subject property was initially listed, it had to be delisted, because their former tenants had delayed their move-out date. When the property was relisted later, landlords rented it to the most qualified applicants. Resolved by mediator’s proposal.
• Action by tenants, husband and wife, alleging that their landlord violated the federal Fair Housing Act and the California Fair Employment and Housing Act, and negligently hired an apartment manager who discriminated against wife’s disability by denying them a larger apartment, because wife had an emotional support dog. Landlord denied its policy prohibited emotional support dogs, that it offered tenants a larger apartment with no restrictions on the emotional support dog, but that the tenants had declined the offer. Resolved following mediation.
• Action by mentally disabled client alleging that both the landlord and its institutional tenant, a program responsible for transitioning client from foster care to housing, violated the Fair Housing Act, Fair Employment and Housing Act and Unruh Civil Rights Act. Client alleged that defendants discriminated against her by barring her emotional support dog. When client was forced to place her dog elsewhere, the animal was attacked and underwent surgery, exacerbating client’s mental disability. The program alleged that client failed to produce a doctor’s note to show she was entitled to an emotional support dog. Landlord cross complained against the program for indemnification. Resolved by mediator’s proposal.

• Action by a septuagenarian visitor alleging premises liability against a commercial building owner. En route to her doctor’s appointment in the building, visitor was severely injured when she struck the lobby’s floor-to-ceiling glass window under the mistaken belief that it was an open doorway. Visitor alleged building owner was negligent in breaching its duty to post markings on the glass to prevent such foreseeable injuries. Building owner alleged that it would be obvious to a reasonable person that the framed and tinted window was not an open doorway, and that no one else had walked into the window in the 40 years of the building’s history. It further alleged that, when visitor was at the same location and accompanied by her daughter just a week earlier, she had used a clearly marked doorway for ingress and egress without incident. Resolved by mediator’s proposal.
• Appeal by finance lender and broker challenging the trial court’s sustaining of a demurrer without leave to amend in favor of a county on a quiet title action. Lender-broker sought to reduce its payoff amount from the Property Assessment Clean Energy (PACE) Program, alleging that the assessment lien impeded its title in preparation for a sale. The trial court held that lender-broker failed to exhaust its administrative remedies, that the PACE assessment is a tax, and that county is immune from such tax actions. County alleged lender-broker failed to exhaust administrative remedies, and that California law prohibits the impediment of tax collection. Resolved following mediation.
• Action by prospective tenant alleging that landlord refused to rent to him, discriminated and retaliated against him because of his race, national origin and color (dark skinned Latino of Argentina and Guatemala origin) in violation of the Unruh Civil Rights Act, Fair Employment and Housing Act, Unfair Competition Law, intentionally and negligently inflicted emotional distress upon him, and intentionally interfered with his prospective economic relations. Prospective tenant had a high credit score and references, and was willing to pay the full price of the rent as advertised. The property owner and third-party brokerage agent denied the allegations, asserting that they did not rent to plaintiff because he had allegedly spoken disparagingly about the premises, tried to renegotiate for a lower rent, and attempted to delay the move-in date. Resolved by mediator’s proposal.
• Action by tenant alleging that her landlord and managing agent violated the Fair Housing Act, Fair Employment and Housing Act and Unruh Civil Rights Act by discriminating and harassing against her on the basis of her familial status (family with children), and other torts. In an earlier attempt by landlord on an unlawful detainer action, tenant prevailed. The landlord alleged its policy of no noise or use of wheel toys in the common area was applied equally to all tenants irrespective of familial status, and that tenant’s husband and child had disrupted tenants’ quiet enjoyment of their properties. Resolved by mediator’s proposal.
• Action by tenant alleging that landlord failed to accommodate his disability or engage in the interactive process after tenant was injured and temporarily confined to a wheelchair. Tenant alleged that landlord discriminated against him because of his disability under the FEHA, Disabled Persons Act, Unruh Civil Rights Act, and the Los Angeles Civil and Human Rights Law. Landlord alleged that all building elements of its 2018-constructed apartment met the ADA, the California Building Code, and that the building had been inspected and permitted by the city. When the wheelchair lift required maintenance, management immediately called the manufacturer and repair persons. Any delay in finally obtaining service was not under landlord’s control, because of business closures under the COVID-19 pandemic, the resulting supply chain’s backlog on parts, and the Christmas holiday. A temporary halt in the operation of an interior elevator was similarly caused by an area-wide power outage. Moreover, landlord alleged that tenant had not paid rent for 18 months under the California COVID-19 Rent Relief program. Resolved by mediator’s proposal.
• Action by deaf homeowner alleging that her homeowners’ association (HOA) refused to reasonably accommodate her with an American Sign Language (ASL) interpreter at two board meetings. Instead HOA told homeowner that she would have to pay for and bring her own interpreter. Homeowner alleged HOA engaged in disability discrimination under the Fair Housing Amendments Act, Fair Employment and Housing Act, and Unruh Civil Rights Act. HOA alleged its board had engaged in the interactive process by promising to speak slowly at the meeting, and alleged it was not required to provide an ASL interpreter at its board meetings. Resolved by mediator’s proposal.
• Action by landlords alleging that a city violated their constitutional right to contract and imposed excessive fines under a void municipal ordinance banning short-term residential rentals, including AirBNB. The municipality alleged it properly exercised its powers to enact legislation for the general good of the community. The city further alleged its citations and fines were appropriate to have the desired deterrent effect. Resolved through mediation.
• Appeal by commercial landlord, a medical building, challenging the trial court’s grant of summary judgment in favor of commercial tenant, a physician, alleging breach of lease, holdover tenancy, and failure to pay common area maintenance. Physician cross-complained alleging that the lease had expired eight years ago, that for 13 years he had timely paid rent as a month-to-month tenant to three prior landlords and the current landlord, that no treble rent was due, and that landlord owed physician attorneys’ fees. Resolved by mediator’s proposal.
• Petition for writ of mandate by a historic preservation group alleging that a municipality and its planning department violated the California Environmental Quality Act (CEQA) by approving a high-rise, mixed-use residential project among historic landmarks. Real party in interest, a developer, alleged the environmental issues raised by petitioners were fully addressed in the administrative process. Settlement following mediation.
• Action by former tenants, husband and wife, alleging former landlord and managing agents discriminated against them on the basis of their familial status, race and national origin, retaliated against them for complaining, unfairly evicted them using the 2+1 occupancy standard that was not applied to other tenants, and caused them emotional distress. The landlord and managing agents alleged their policy of no loitering or playing in common areas and enforcement of occupancy standards were applied equally to all tenants irrespective of race, national origin or familial status. Resolved by mediator’s proposal.
• Action by non-profit organization against landlord alleging disability discrimination in housing, because landlord allegedly did not feel comfortable using voice telecommunications relay service or video relay service in communicating with testers posing as deaf applicants, and because landlord had allegedly provided different information to able-bodied and disabled applicants. Landlord alleged that applicants were given the same information regardless of disability and that hey were not denied housing. Resolved by mediator’s proposal.
• Action by Section 8 tenant alleging landlord and managing agent engaged in breach of the implied warranty of habitability, negligence, premises liability, negligent and intentional infliction of emotional distress, and race discrimination in housing and public accommodations. Landlord and managing agent alleged tenant failed to timely pay rent. Resolved in mediation.
• Action by tenant and non-profit organization against landlord and managing agent alleging national origin, familial status, and immigration status discrimination in housing. Landlord alleged the tenant on record had provided a fraudulent Social Security number to obtain the tenancy, members of the household had disturbed other tenants and vandalized the property, and tenant had unlawfully sublet the garage for inhabitation by others. Equitable relief reached in mediation.
• Action by applicant for tenancy in an apartment complex against landlord, a municipal housing authority and individual defendants, alleging retaliation for having complained in the past about discrimination under California and federal fair housing laws. Housing authority alleged breach of a prior settlement agreement between the parties under which applicant had promised to never again apply for tenancy at the same apartment complex. Resolved by mediator’s proposal.
• Action by tenants alleging landlord and management company discriminated against families with children under federal and state fair housing and public accommodation laws. The landlord and management company alleged their policy of no loitering or playing in common areas was directed to all tenants, not only families with children. Resolved by mediator’s proposal.
• Action by tenants alleging landlord discriminated, harassed and retaliated against families with children under federal and state fair housing and public accommodations law, violated their rights of privacy, and engaged in unfair business practices. The landlord alleged its policies were neutral and tenants were evicted for failure to pay rent. Resolved by mediator’s proposal.
• Action by non-profit organization and prospective tenant alleging landlord discriminated against persons with disabilities under federal and state fair housing and public accommodations laws. The landlord and management company alleged plaintiffs lacked jurisdiction, because the property was constructed for occupancy prior to the applicable period and has not been remodeled. Reached global settlement of this and another pending matter in mediation.

view all

• Pre-litigation action by a substitute teacher alleging that her former employer, a charter school, discriminated and retaliated against her in violation of the FEHA and Labor Code section 1102.5. She alleged that the charter school wrongfully terminated her for being a whistleblower when she objected to behavioral intervention for an African-American preschooler without an individualized education plan as required by the IDEA. The charter school alleged that the substitute teacher repeatedly failed to follow lesson plans for teachers whose classes she covered, that these teachers complained about her, and that she was tardy in carrying out her duties. Resolved by mediator’s proposal.
• Pre-litigation action by a teacher alleging that her former employer, a charter school, retaliated against her for complaining about a kindergarten student’s physical battery of the teacher and other students, which she alleged created an unsafe education and work environment. She alleged that following her repeated complaints, the school failed to assist her and eventually retaliated against and terminated her in violation of Labor Code sections 232.5, 1102.5, and 6310. The school alleged that the teacher had the assistance of another teacher and a teacher’s aide in her classroom, that the teacher was unable to cooperate with her colleagues, and that the student in question was eventually provided with an Individual Education Plan (IEP) for his learning disability. Resolved by mediator’s proposal.
• Pre-litigation action by an undergraduate female student alleging that her former university violated Title IX and negligently hired, supervised, and retained her supervisor/advisor, a male project scientist whose work computer’s screensaver showed images of sexually explicit child pornography. The student’s inadvertent viewing of the pornographic images allegedly caused her to finish her degree earlier without completing an honors thesis, delayed her planned application for graduate school, and led her to self-isolate in a foreign country. The university alleged that it had no prior notice of any misconduct by the scientist, that once notified its police department and Title IX office immediately investigated and permanently removed the perpetrator from the campus, that it ensured the scientist was arrested, sentenced, and terminated, and that it assigned another professor to mentor student and write her a letter of recommendation. Resolved by mediator’s proposal.
• Appeal by a female student challenging the trial court’s grant of summary judgment in favor of her former university. Student alleged that the university had negligently hired, supervised, and retained a male residential assistant, who sexually assaulted her in her campus dormitory. The trial court had sustained demurrers without leave to amend on student’s Bane Civil Rights Act, Unruh Civil Rights Act, sexual battery, and intentional infliction of emotional distress claims. On her negligent supervision claim, the court found that there was no actual or constructive notice of the residential assistant’s history or potential to commit sexual assault, that the university had regularly trained all its residential assistants on university policy, and that the university’s Title IX office had immediately investigated and disciplined the perpetrator after the student complained. On appeal, the student alleged the lower court erred in its analysis of negligent supervision. The university asserted that the trial court’s ruling was correct and should be affirmed. Resolved by mediator’s proposal.
• Pre-litigation action by school administrator alleging that her employer, a school district, engaged in sex, race, age, and disability discrimination and harassment, retaliated against her for taking CFRA leave for her own serious health condition, and forced her to quit. Administrator alleged that the principals at two different schools where she was assigned were disrespectful to her, which she perceived to be discriminatory. School district alleged that it accommodated administrator’s transfer request, that she failed to submit doctor’s notes to support the entirety of her CFRA leave, that she did not engage in a good faith interactive process in anticipation of returning to work, and that she abandoned her job. Resolved by mediator’s proposal.

• Action by minor through her father and guardian ad litem alleging that a school district defamed them by libel and slander, and intentionally inflicted emotional distress upon them. After minor was permitted to attend a high school in the district under an inter-district transfer, father became active in openly expressing concerns to administrators, teachers and board members about various operations of the district. Tensions escalated such that the district filed police reports against father for criminal threats. When minor applied to continue her inter-district transfer permit for the next school year, the district obtained outside counsel’s statutory interpretation permitting the district to deny her application. Father protested to a county office of education that reversed the district’s denial of the transfer permit. Father then moved daughter into her grandparents’ home within in the district, so that she could complete her high school education there. Father and daughter then filed suit. District claimed that its actions were protected by immunity or privilege. Resolved by mediator’s proposal.
• Action by a probationary instructor alleging that his former employer, a public college, engaged in race discrimination, harassment, and retaliation after he complained about denial of the opportunity to self-evaluate his performance. The college denied any wrongdoing. It alleged that the instructor had not performed up to standard and that he had voluntarily resigned. In addition, college alleged that instructor failed to properly exhaust his administrative remedies, and that his action was time barred. Resolved by mediator’s proposal.
• Action by male student alleging officials responsible for his Title IX process at a public university violated his due process rights by deliberately pursuing, investigating, trying, and convicting him of the alleged sexual assault of a female student, when witnesses and exculpatory evidence showed no sexual assault occurred. University officials alleged they had provided male student with an appropriate disciplinary hearing, and claimed qualified immunity. The state trial court denied male student’s petition for writ of administrative mandate. In a published opinion, the state appellate court reversed and issued a remittitur in favor of male student. A separate federal court action by male student alleging violation of constitutional due process and various torts had been stayed pending resolution of the state court proceedings. Resolved globally through mediation.
• Action by 69-year-old teacher alleging her former employer, a school district, discriminated against and harassed her on the basis of her age, and retaliated against her after she complained. The former employer alleged the teacher refused to accept constructive feedback on her performance, was the subject of complaints and an investigation for acting out toward students, and had had elected to retire. Resolved by mediator’s proposal.
• Action by professor alleging his former employer, a public university, retaliated against him following an administrative settlement of his complaint for age, race and disability discrimination. The professor claimed that the university failed to honor the terms of the settlement agreement, impeded his research and teaching opportunities, and barred him from attending professional conferences. The university alleged the professor had earlier elected to benefit from a faculty early retirement program that permitted him to both collect a pension and work part-time, an option that limited his teaching and research activities, and travel had not been authorized under the federal program that funded the professor’s work. The trial court granted summary judgment for the university. The appellate court found triable issues and overturned the trial court. Resolved by mediator’s proposal.
• Class action by 18 to 21-year-old disabled incarcerated inmates in county jails alleging failure of multiple state, regional and local agencies to provide them with special education required by federal law. The public agencies alleged their policies and procedures comply with applicable law. This case commenced in 2008, was removed to federal court, and had been appealed at various levels, including the California Supreme Court. Portions of the class action were settled over nine years. Case litigated for 10 years of which portions of the class action were settled. Fully resolved by mediator’s proposal.​
• Action by a group of deaf teachers in a public school for the deaf alleging their employer, a school district, failed to provide effective communication devices and reasonable accommodation under federal and state public accommodations and disability access laws. Following partial settlement on the case in chief, the parties disputed plaintiffs’ attorneys’ fees. The school district alleged the attorneys’ fees demand was excessive. Resolved by mediator’s proposal.
• Action by facilities manager alleging her former employer, a public university, discriminated against and harassed her because of her race and sex, retaliated against her for complaining, constructively terminated her, and committed other compensation violations and torts against her. The university alleged the employee failed to exhaust her administrative remedies. Resolved by mediator’s proposal.​
• Action by tenure-track professor alleging her former employer, a public university, discriminated against her when it denied her tenure and terminated her on account of her sex, age and marital status. The employer alleged that the professor had not met the standards for research and teaching required for tenure following a seven-year probationary period.

view all

• Class action by current and former nonexempt workers alleging that their employer, a commercial and industrial insulation business, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages; failure to maintain compliant wage statements and accurate payroll records, reimburse business expenses; and engagement in unfair business practices. Employer denied these claims and moved to compel arbitration under the collective bargaining agreements (CBA). The trial court held the CBA did not clearly waive the judicial forum and the arbitration provisions were unconscionable. Defendant appealed. Resolved by mediator’s proposal.
• Appeal by public relations company challenging the trial court’s grant of an anti-SLAPP motion in favor of a personal service business on its assigned indemnity rights. The underlying complaints, cross-complaint and partial settlement arose from a right of publicity action on the misuse of several models’ names and likenesses by its agent and the public relations company. The public relations company asserted that the trial court erred in granting the personal services businesses’ anti-SLAPP motion. Resolved globally on second mediation by mediator’s proposal.
• Appeal by a female student challenging the trial court’s grant of summary judgment in favor of her former university. Student alleged that the university had negligently hired, supervised, and retained a male residential assistant, who sexually assaulted her in her campus dormitory. The trial court had sustained demurrers without leave to amend on student’s Bane Civil Rights Act, Unruh Civil Rights Act, sexual battery, and intentional infliction of emotional distress claims. On her negligent supervision claim, the court found that there was no actual or constructive notice of the residential assistant’s history or potential to commit sexual assault, that the university had regularly trained all its residential assistants on university policy, and that the university’s Title IX office had immediately investigated and disciplined the perpetrator after the student complained. On appeal, the student alleged the lower court erred in its analysis of negligent supervision. The university asserted that the trial court’s ruling was correct and should be affirmed. Resolved by mediator’s proposal.
• Appeal by finance lender and broker challenging the trial court’s sustaining of a demurrer without leave to amend in favor of a county on a quiet title action. Lender-broker sought to reduce its payoff amount from the Property Assessment Clean Energy (PACE) Program, alleging that the assessment lien impeded its title in preparation for a sale. The trial court held that lender-broker failed to exhaust its administrative remedies, that the PACE assessment is a tax, and that county is immune from such tax actions. County alleged lender-broker failed to exhaust administrative remedies, and that California law prohibits the impediment of tax collection. Resolved following mediation.
• Action following reversal of summary judgment on appeal by 25-year administrator alleging that her former employer, a university, violated the FEHA by discriminating against and harassing her on the basis of her gender and age, and by retaliating against her for complaining. The administrator alleged that her dean bypassed her for promotion, and instead appointed younger, less qualified candidates whom he favored. The candidate who was promoted allegedly determined that job vacancies should be filled by “younger” candidates, easing out long-time employees, including the administrator. When the administrator complained, her responsibilities were removed such that she felt obsolete and felt compelled to resign. The university denied these claims and alleged that the complaint was untimely filed. The trial court granted summary judgment for the university. The Court of Appeal reversed and remanded. Resolved by mediator’s proposal.

• Appeal by general manager after the trial court sustained demurrers on various counts and removed co-defendants on his race employment discrimination action. General manager alleged that his former employer, a production company, violated the FEHA by discriminating against him on the basis of race, retaliated against him after he filed his DFEH complaints, breached his employment contract, and wrongfully terminated him in violation of public policy. Employer denied the charges, alleging that general manager had bullied employees in violation of company policy, and that customers had complained about his performance. Resolved globally in both the appellate and trial courts by mediator’s proposal.
• Appeal by a funeral home challenging the trial court’s default judgment in an action brought by parents, Mexican tourists whose child died unexpected while visiting California, for breach of contract, breach of the implied covenant to provide dignified funeral services, negligence, intentional infliction of emotional distress, and fraud. Parents alleged that funeral home had filed incorrect paperwork, untimely transported the body back to Mexico, mishandled the corpse, and delayed the burial of their child. Funeral home alleged that it had fulfilled the terms of the contract as written, and that it was the victim of the ineffective assistance of trial counsel. Resolved by mediator’s proposal.
• Appeal by commercial landlord, a medical building, challenging the trial court’s grant of summary judgment in favor of commercial tenant, a physician, alleging breach of lease, holdover tenancy, and failure to pay common area maintenance. Physician cross-complained alleging that the lease had expired eight years ago, that for 13 years he had timely paid rent as a month-to-month tenant to three prior landlords and the current landlord, that no treble rent was due, and that landlord owed physician attorneys’ fees. Resolved by mediator’s proposal.
• Appeal by consumer challenging the trial court’s post-trial determination of bad faith prosecution and award of attorneys’ fees/costs to the defense. The consumer alleged that the auto dealership violated the Consumer Legal Remedies Act by charging him more than the MSRP sticker price and that he sued in good faith.The auto dealership alleged the consumer had buyer’s remorse, sued in bad faith, provided testimony that contradicted his complaint, and caused the dealership to expend resources in mounting a defense, which it won. Resolved following mediation.
• Appeal by consumer challenging the trial court’s denial of class certification in an action against mattress store alleging unfair competition and unfair advertising of its mattress size and price matching offer. Mattress store alleged consumer lacked standing, her claim had no merit, she had kept and enjoyed the mattress she bought, and she had declined a full refund. Resolved by mediator’s proposal.
• Appeal by police officer, who prevailed below, challenging the trial court’s rulings and jury verdict in a personal injury action from a traffic accident. When defendant, a driver, made a left turn, the officer fell from his bicycle and sustained injury. The trial court precluded a non-retained, treating physician from opining as an expert witness on medical records the doctor had not reviewed. Defendant admitted liability, but disputed the nature and extent of plaintiff’s injuries. Resolved by mediator’s proposal.
• Appeal by subcontractor, an electrical business, challenging the trial court’s judgment in a mechanic’s lien action against a building contractor and a property owner on construction of a condominium complex. Subcontractor alleged both the contractor and owner failed to fully compensate it for services rendered. Contractor alleged owner failed to fully compensate it for its work. Owner alleged contractor and subcontractor failed to complete the job and performed substandard work, creating delay, cost overruns and habitability problems. Resolved by mediator’s proposal.
• Appeal by a county after plaintiff, mother of a deceased newborn, won a jury verdict. Mother alleged that the county coroner’s office had violated a mandatory duty under statute by cremating her baby without adequate notice and prior authorization, and that county had waited too long to perform an autopsy to determine the cause of death, actions that caused mother serious emotional distress. County alleged that it had not violated a mandatory duty under statute, that it had left a voice mail notice for mother about the cremation, and that mother had failed to timely pick up her voice mail. Mother cross appealed on some of the claims not adjudicated at trial. Her attorneys’ fee motion was pending. Resolved in mediation.
• Appeal by employer, a management services organization for hospital-based physician groups, and its lead doctor challenging the trial court’s denial of their motion to compel arbitration. Former employee, a hospital coordinator, alleged that doctor had created a hostile work environment by his sexually explicit texts and conduct, and that employer had retaliated by wrongfully terminating her after she complained. The defense alleged employee was terminated for poor performance. Resolved by mediator’s proposal.
• Appeal by parent alleging a county child protective agency had wrongfully and permanently removed her child without a warrant. She further alleged that the government made false statements about her perceived mental disability in violation of her constitutional due process under 42 U.S.C. §1983, and discriminated against her in violation of the ADA and the Unruh Civil Rights Act, warranting higher attorneys' fees than the amount awarded at trial. The government's cross-appeal alleged plaintiff was not regarded as having a disability, as well as res judicata, instructional error, qualified immunity, lack of substantial evidence, and insufficiency of the evidence. Case litigated for seven years. Resolved in mediation.
• Appeal by confirmation director with 32 years of service alleging her former employer, a church, wrongfully terminated her in retaliation for being a whistleblower about its financial, employment, record keeping and clergy activities. She also alleged the church breached its oral and implied contract to not terminate her except for good cause, defamed her, and intentionally caused her emotional distress. The employer alleged that the former employee was terminated for insubordination and disruptive behavior. The trial court sustained the church's demurrers, granted summary adjudication, and assessed costs in favor of the employer. The former employee alleged insufficient evidence, reversible error and abuse of discretion on appeal. Resolved in mediation.
• Appeal by former employer, a solar company, challenging an order denying its motion to compel arbitration of a wage-and-hour and Private Attorney General’s Act (PAGA) action brought by its former employee, an installation supervisor. The employer alleged the Federal Arbitration Act (FAA) preempts PAGA. The employee alleged the FAA does not preempt PAGA. Resolved by mediator’s proposal.
• Appeal by former employer, a bank, challenging an arbitrator’s award of six figures in plaintiff's attorneys’ fees when the employee had lost on all but one of her many employment claims, awarding $100 out of her multi-million-dollar demand. The employer alleged that any attorneys’ fees should be commensurate with the limited arbitration award. The employee alleged that courts must defer to the arbitrator’s discretion. Resolved in mediation.

view all

• Appeal by public relations company challenging the trial court’s grant of an anti-SLAPP motion in favor of a personal service business on its assigned indemnity rights. The underlying complaints, cross-complaint and partial settlement arose from a right of publicity action on the misuse of several models’ names and likenesses by its agent and the public relations company. The public relations company asserted that the trial court erred in granting the personal services businesses’ anti-SLAPP motion. Resolved globally on second mediation by mediator’s proposal.
• Action by a septuagenarian visitor alleging premises liability against a commercial building owner. En route to her doctor’s appointment in the building, visitor was severely injured when she struck the lobby’s floor-to-ceiling glass window under the mistaken belief that it was an open doorway. Visitor alleged building owner was negligent in breaching its duty to post markings on the glass to prevent such foreseeable injuries. Building owner alleged that it would be obvious to a reasonable person that the framed and tinted window was not an open doorway, and that no one else had walked into the window in the 40 years of the building’s history. It further alleged that, when visitor was at the same location and accompanied by her daughter just a week earlier, she had used a clearly marked doorway for ingress and egress without incident. Resolved by mediator’s proposal.
• Action by consumer alleging that a golf course discriminated against him on the basis of sex under the Unruh Civil Rights Act and the Gender Tax Repeal Act when it sponsored a woman’s golf day, which offered women discounts on playing golf, golf ball rentals, green fees, cart rentals, wine and other amenities. The golf course alleged that it had partnered with a women’s sports foundation to encourage women to play golf, a sport that has historically excluded women. As a result of the litigation, women’s golf days are no longer sponsored in California. Resolved following mediation.
• Action by the seller, a Chinese distributer, alleging that the buyer, an American start-up that planned to make personal protective equipment in the COVID-19 pandemic, breached the sales contract for failing to pay for the machines and raw materials shipped to the buyer. The buyer alleged that, while the machines were in good order, the raw materials were damaged in the way they were packed, and thus could not be used to make surgical face masks. Seller claimed that the buyer neither notified seller of any alleged damage nor provide it an opportunity to cure, and buyer’s complaint was a pretext to not pay seller in a now less profitable face mask market. Resolved following mediation.
• Appeal by a funeral home challenging the trial court’s default judgment in an action brought by parents, Mexican tourists whose child died unexpected while visiting California, for breach of contract, breach of the implied covenant to provide dignified funeral services, negligence, intentional infliction of emotional distress, and fraud. Parents alleged that funeral home had filed incorrect paperwork, untimely transported the body back to Mexico, mishandled the corpse, and delayed the burial of their child. Funeral home alleged that it had fulfilled the terms of the contract as written, and that it was the victim of the ineffective assistance of trial counsel. Resolved by mediator’s proposal.

• Class action by consumer alleging that defendant, an electronic doorbell manufacturer, failed to disclose the cost of optional features available only through a paid subscription. Consumer alleged that manufacturer violated the Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law. Manufacturer alleged consumer sued in bad faith, failed to mitigate his limited damages, did not have standing to bring a class claim, and should have been bound by the manufacturer’s arbitration agreement. After the court denied class certification, plaintiff’s counsel brought an identical class action at a different venue. Global settlement discussions to continue.
• Appeal by consumer challenging the trial court’s post-trial determination of bad faith prosecution and award of attorneys’ fees/costs to the defense. The consumer alleged that the auto dealership violated the Consumer Legal Remedies Act by charging him more than the MSRP sticker price and that he sued in good faith.The auto dealership alleged the consumer had buyer’s remorse, sued in bad faith, provided testimony that contradicted his complaint, and caused the dealership to expend resources in mounting a defense, which it won. Resolved following mediation.
• Appeal by consumer challenging the trial court’s denial of class certification in an action against mattress store alleging unfair competition and unfair advertising of its mattress size and price matching offer. Mattress store alleged consumer lacked standing, her claim had no merit, she had kept and enjoyed the mattress she bought, and she had declined a full refund. Resolved by mediator’s proposal.​
• Appeal by subcontractor, an electrical business, challenging the trial court’s judgment in a mechanic’s lien action against a building contractor and a property owner on construction of a condominium complex. Subcontractor alleged both the contractor and owner failed to fully compensate it for services rendered. Contractor alleged owner failed to fully compensate it for its work. Owner alleged contractor and subcontractor failed to complete the job and performed substandard work, creating delay, cost overruns and habitability problems. Resolved by mediator’s proposal.​​

view all

• Appeal by commercial landlord, a medical building, challenging the trial court’s grant of summary judgment in favor of commercial tenant, a physician, alleging breach of lease, holdover tenancy, and failure to pay common area maintenance. Physician cross-complained alleging that the lease had expired eight years ago, that for 13 years he had timely paid rent as a month-to-month tenant to three prior landlords and the current landlord, that no treble rent was due, and that landlord owed physician attorneys’ fees. Resolved by mediator’s proposal.
• Appeal by former employer, a bank, challenging an arbitrator’s award of six figures in plaintiff's attorneys’ fees when the employee had lost on all but one of her many employment claims, awarding $100 out of her multi-million-dollar demand. The employer alleged that any attorneys’ fees should be commensurate with the limited arbitration award. The employee alleged that courts must defer to the arbitrator’s discretion. Resolved in mediation.
• Action by a group of deaf teachers in a school for the deaf alleging their employer, a school district, failed to provide effective communication devices and reasonable accommodation under federal and state public accommodations and disability access laws. Following partial settlement on the case in chief, the parties disputed plaintiffs’ attorneys’ fees. The school district alleged the attorneys’ fees demand was excessive. Resolved by mediator’s proposal.