Lynne S. Bassis, Esq.

• Misappropriation of trade secrets dispute between competing adult entertainment industry advertising agencies
• Competing ownership claims, dispute over formation of and evaluation of respective interests in puppy breeding and sales retail operation
• After prior lawsuit involving wrongful termination/ERISA violations, where defendant employer prevailed, another employee demanded that defendant employer pay a sum of money lest defendant employer be reported for criminal tax evasion. Allegations of extortion, unfair business practices and intentional infliction of emotional distress with potential additional complaint involving breach of fiduciary duties involving consultancy agreement
• Breach of contact, breach of implied warranty of fitness and negligence for faulty construction of hinges in large order of armoires for major hotel
• Subrogation action brought against manufacturer of nutraceutical that allegedly failed microbial testing

• Owner foreclosed upon property and, after taking possession, the property was vandalized. Claim was tendered to insurance company where dispute surrounded the calculation of actual damages to the property and the amount of depreciation taken
• Complaint for breach of contract, implied covenant of good faith and fair dealing, negligence, intentional interference with prospective economic advantage where plaintiff, a commercial tenant in a car wash building who ran a restaurant, was constructively evicted by defendant’s inattention to rodent infestation, lack of air conditioning and other actions that resulted in decline of patronage
• Intentional interference with contractual relations between boxing manager and boxing promoter
• Credit union and borrower entered into an open-end credit plan secured by two vehicles which borrower refused to relinquish when he defaulted on the loan, contending that regulation Z violations excused his duty to relinquish the vehicles
• Commercial lease shopping center tenant vacated premises and refused to pay rent or late fees for breach of lease. Tenant had no legal defense and was judgment proof due to litany of prior lawsuits that left him without assets to satisfy debt, even after taking loans against his personal residence to keep the business afloat
• Breach of contract between temporary locum tenens obstetrician/ gynecologist and Women’s Health Center over compensation terms - whether a monthly $10,000 stipend was in addition to or a draw against her 45% of monthly collections for services rendered. Causes of action for failure to pay wages, waiting time penalties, constructive termination, breach of contract, breach of implied contract, account stated and failure to pay expenses or vacation pay

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• Breach of contract, account stated, open book account dispute between Chinese manufacturer of goods and Korean-American distributor of goods claiming delays in delivery of goods, logo errors, lost accounts, lost profits and duress and coercion
• Complicated cultural and emotional dynamics in a 20-hour mediation involving allegations of sexual harassment against a young female family member who was of age. Dispute led to extreme divisiveness amongst many family member participants who were caught between Miramar and American cultures. The concept of ‘informed consent’ was explored in view of assessing the development of the brain of a young person who, although having reached the age of majority, might nonetheless be lacking brain maturation vis-à-vis ability to give informed consent
• Bulgarian non-partisan organization whose purpose was to promote, preserve and foster Bulgarian culture and tradition, as well as introduce aspects of American culture to its membership, sued a former officer for issues involving governance and finances. The former officer maintained that he had acted in accord with the organization’s tenets and that no wrongdoing had occurred. Mediation participants numbered into the 20s.
• Serious sexual assault, sexual battery and false imprisonment case involving three different cultures and translators
• Race discrimination case involving African American employee and African American HR manager, from different parts of the South and from different generations, saw their legal issues became geographical, generational and historical

• Slip and fall incurred by patron to Korean restaurant when she entered premises containing dangerous condition, i.e., slope of entrance was without handrails and in violation of the building and code. Case had overlay of assumptions based on cultural stereotypes
• African American employee of termite control company sued Korean employer for wrongful termination, claiming that employer gave Korean employees preferential treatment, which was refuted by employer’s statistical evidence
• Dispute between Chinese attorney and her Caucasian client over attorney’s entitlement to statutory attorney’s fees after successful prosecution of case. Client and her family members expressed their opinion that it was a cultural divide that was driving the attorney’s greed. Successor attorney representing Caucasian client demanded a split of attorney’s fees lest a motion to vacate would be filed, which Chinese attorney claimed amounted to criminal extortion. Ultimately court found in favor of attorney
• Claim of on-the-job assault & battery and race discrimination brought by African American carpenter against Hispanic mason foreman while working for Syrian contractor
• Two Latino warehouse employees, of Korean importer and distributor of electronic equipment, believed they were treated differently than their Korean counterparts and were terminated because of their complaints about discriminatory treatment and work safety concerns vs. employer’s decision to terminate employees for failing to possess minimum qualifications for the job (notwithstanding representations to the contrary on their job applications) and for poor performance
• Caucasian director who was neither Chinese nor of Chinese descent alleged national origin and age discrimination when Taiwanese executive, who headed up company’s Asian operation, was appointed to run the company’s North American operation. Allegations were that communications from the Taiwanese executive were in Chinese, both in terms of day-to-day business and in staff meetings; that plaintiff was told that in Chinese culture, hierarchy is still highly emphasized as opposed to the US and that although it was permissible to question one’s superiors in the US; it was not okay for his subordinates to question him. Employees selected for layoff were disproportionately Non-Asian management over 40. Defendant’s position was that while plaintiff was valued employee, economic factors necessitated a major downsizing and plaintiff employee was selected during one of 3 layoffs; that the layoffs did not disproportionately target non-Asians who were over 40; and that plaintiff rejected an option to transfer to another position or to delay his departure

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• Failure to accommodate
• Failure to engage in interactive dialogue
• Failure to take immediate corrective measures
• Diagnosis of metastic malignant melanoma followed by lay-off of plaintiff wherein issue became whether entities were separate employers for purposes of reasonable accommodation obligations
• Interplay of the California and federal leave and disability laws –California Family Rights Act/FMLA as well as definition of ‘disability’ under Fair Employment and Housing Act (FEHA)

• Claimed termination due to disability vs. termination due to absence of requisite medical credentials as required by the state
• Nurse employee in nonprofit health system with history of medical leaves of absence sustained work-related injury and claimed hospital failed to accommodate her and instead terminated in violation of public policy vs. hospital’s termination of nurse because of her inability to perform essential job functions with or without a reasonable accommodation
• Employee of company providing food services to the airlines terminated for failing to return to work after expiration of approved FMLA leave
• Lawsuit for wrongful termination in violation of public policy due to disability and disability discrimination vs. employer’s permissible termination of employee who took intermittent FMLA leave, failed to present a doctor’s note or provide any information to support a disability leave, and failed to return to work after the expiration of her leave
• Surviving spouse and minor children of employee sued decedent’s employer and PEO. Causes of action were for medical condition discrimination, wrongful termination and other causes of action on the basis of decedent’s terminal brain cancer diagnosis and what plaintiffs believed was a pretextual reason of excessive absenteeism. Defendant claims that decedent abandoned the job and but for an unsupportable claimed ownership interest in the business, had no viable causes of action that survived decedent’s death
• Fast food franchise fails to honor work restrictions and permit employee to take time off to go to the doctor in violation of FMLA/CFRA and then terminated her for performance issues which were not supported by credible, timely customer complaints
• 19 year private elementary school teacher terminated upon her return from medical leave vs. school’s downturn in enrollment and decision to reduce number of teachers while offering plaintiff a part-time position which she rejected. Causes of action for discrimination based on disability or perceived disability, failure to engage in interactive dialogue, breach of covenant of good faith and fair dealing, negligent supervision and intentional infliction of emotional distress

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• Caregiver employee was not entitled to overtime wages if she was performing duties of a “personal assistant” as defined under the relevant wage order and supporting case law.
• Dispute between decedent’s first and second wives and their offspring regarding distribution of decedent’s estate. Two main issues: 1) whether workers’ compensation proceeds which accrued during marriage and prior to separation should be characterized as community property and 2) whether a very old creditor’s claim consisting of unpaid child-support survived which, if satisfied, would have exhausted the entire estate
• Allegations of financial elder abuse when mother made her daughter a joint tenant on her residential home for a specific purpose of limited duration and daughter refused to deed the property back to her mother, denying the stated purpose and limited duration.
• Lawsuit against nursing facility for elder abuse involving the careless transport of plaintiff’s mother in a wheel chair lacking any straps, over uneven floor, which resulted in mother sliding out of the wheel chair and breaking her foot.
• Competing petitions for Appointment of Administrator of Estate, allegations of mismanagement of decedent’s trust, dispute over accountings and distribution.

• Dispute between 4 siblings re distribution of their parents’ estate
• Termination of nurse for poor performance and violation of medical care protocol (allowing patient with history of COPD and breather mask to lie in feces)
• Dispute between decedent’s family members and caretaker as to caretaker’s entitlement to decedent’s entire estate. Main issue was Probate Code’s presumptive disqualification of care custodians, as beneficiaries of testamentary transfers, from dependent adults to whom they provide such services
• Multi-generational probate dispute over decedent’s interest in apartment building, accuracy of multiple accountings, removal of co-administrator for poor management of the books, including collection of rents and pretermitted child.

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• Many cases involving issues of misclassification, unpaid overtime and interest, lost wages, unreimbursed expenses, unpaid bonuses, unpaid commissions, inaccurate or non-existing itemized wage statements, waiting time penalties, pre-judgment interest, penalties, attorneys fees etc.
• Improper classification of field inspectors, failure to pay overtime and provide proper meal and rest periods, improper pay stubs, failure to pay all wages due at termination and unfair business practices. Defendant provided vehicle inspection services and verified the condition of new, off lease and fleet vehicles and other properties at vehicle assembly plants, rail yards, ports, customers’ homes, dealers and auctions. Main issues were numerosity and administrative and executive exemptions
• Vocational nurses employed by convalescent hospital claiming, unpaid overtime and interest, lost wages, improper itemization of earnings, missed meal/rest breaks, waiting time penalties, pre-judgment interest, LC sections 210 and 558 penalties, attorneys fees etc vs. contention that class was not suitable for class treatment as the putative class consists of both supervisors and non-supervisors
• Car Wash employer, with multiple facilities throughout southern California, who maintained a piece-rate workforce consisting of “washers” and “polishers” failed to provide uninterrupted 30-minute meal period or breaks, failed to adequately compensate employees for overtime, failed to record and maintain accurate payroll records, time-keeping records and itemized wage statements. A representative sample of documents was examined to assess plaintiff’s damages as well as damages for putative class
• Disputes over applicable wage order or interpretation of relevant wage orders

• Employee fired for undermining employer’s business by launching own business in direct competition with employer and claiming unpaid bonuses. Employer claimed bonuses were performance based and employee’s performance did not warrant payment of bonuses.
• Class action against envelop manufacturing company for failure to allow production and maintenance workers to take a 30-minute meal break period rather than two 15-minute breaks, as provided for in the collective bargaining agreement. Company defense was twofold: 1) Union breached its duty of fair representation in the initial negotiation of the two 15-minute period meal period term and 2) Union resisted company’s attempt to amend the collective bargaining agreement to provide for a 30-minute meal break. Company argued that damages should be apportioned between the Union and the Company.
• Employee of fire department claimed disability discrimination vs. fire department contention that employee was unable to perform essential job functions
• Employment matter involving gender and racial bias alleged against major police department
• Long term employee terminated for violation of probation department policy regarding use of soft restraints
• Harassment and hostile work environment within police department based on sexual orientation of officer
• Probation officers refusal to work with plaintiff due to her sexual orientation, thereby creating hostile work environment
• Gender discrimination and failure to promote allegations by multiple female plaintiffs against police department involving reinstatement, distant history of drug abuse, questionable reliance upon expert psychologist and polygraph results
• Following eye witness spray painting of private property and fleeing suspect, civil rights violations brought against police officers for causing serious injuries when their patrol car ran over defendant
• Sex discrimination against female lifeguard of Life Saving division of Fire Department
• Misclassification of employee of Regional Medical Center and retaliation for complaining vs. misuse of internet and use of property for personal use
• African nursing instructor involuntarily demoted when employer desired younger instructors and instituted campaign of ridicule creating hostile work environment
• Air quality management district accused of failing to honor work restrictions post workplace injury, failure to accommodate, failure to engage in interactive dialogue vs. contention that plaintiff, being 100% disabled, was unable to perform essential job functions and had failed to mitigate damages
• Causes of action including discrimination on the basis of disability, perceived disability and medical condition, failure to accommodate or engage in an interactive dialogue and retaliation by a fulltime ultra sound technician against a Regional Medical Center.
• School District misclassified 5 teachers as “temporary” rather than “probationary” thus circumventing the Education Code and also failing to comply with the California Public Records Act. Defendant School District admitted that record keeping had been askew, but maintained that even if the teachers had been classified as “probationary” they could still be terminated for cause or due to economic conditions, not rehired by “non-reelection” or by layoff. School District advanced procedural defenses such as failing to comply with the California Government Tort Claims Act (filing more than 6 months after the claims accrued), lack of standing to sue for Public Records Act violations and absence of legal or equitable right to continued employment
• Plaintiff brought action against public entity for injuries sustained when her wheel chair was not secured properly inside city bus and she fell over while being transported. Defendant City conceded liability and the only issues was damages. City contended that plaintiff’s death was unrelated to the bus injury and that her representative was entitled to recoup only past medical expenses and attorney’s fees and, under the Unruh Civil Rights Act, a possible multiplier of plaintiff’s special damages. Plaintiff argued a nexus between plaintiff’s death and the bus injury and that under various state and federal statutes, damages were significantly higher
• School district sued for non-compliance with Title IX of the Education Amendments of 1972, stating that no person, on the basis of sex, could be excluded from participation in, or be denied the benefits of, any education program or activity receiving federal assistance. School District claimed it fire teacher based on belief that teacher denied students with disabilities the opportunity to participate on the cheerleading squad. Teacher believed she had accommodated student with disability and wanted policy changes to be implemented by District.
• Police officer in training was fired after complaining of unequal treatment and sexual harassment in the field. Police Department defended on the grounds of substandard performance and lack of good judgment, even though the police officer had been hired by another police department and was doing well
• In aerospace industry, workplace violence, intentional infliction of emotional distress and retaliation in violation of public policy in joint employer situation where respective roles and responsibilities of leasing or temporary agency (primary employer) and secondary employer were in issue.
  
• Termination due to age/disability discrimination or violation of last chance agreement
• Qui pro quo sexual harassment wherein female employee delivered sexual favors to female supervisor in exchange for organization’s immigration sponsorship
• Quid Pro Quo sexual discrimination of female subordinate and male supervisor that spanned more than a decade vs. allegations of consensual conduct
• Hostile work environment and acts created by disparaging epithets regarding sexual orientation of co-worker displayed in prominent manner in the workplace
• Hostile work environment and gender discrimination at time of integration of public safety officers into to Sherriff’s Department
• Wrongful termination in violation of public policy, national origin and race discrimination involving English-only policy
• Plaintiff, seriously injured at work while operating a heavy piece of equipment, alleged Tamney claim, termination for filing a workers’ compensation claim, Labor Code 6310 termination based on employer’s fear that plaintiff would file a Cal OSHA claim (or be involved in the Cal OSHA inspection of manufacturing plant) and defamation
• Wrongful termination in violation of public policy, retaliation due to reporting of OSHA violation, workers compensation and whistleblower causes of action
• Reverse discrimination and national origin discrimination when non-Spanish speaking Caucasian who was hired to develop a graphics program for an international online college, and to provide instruction to enrolled students, contended that he was ostracized and excluded from relevant meetings due to his inability to speak Spanish. College claimed the technical knowledge was woefully substandard and had no choice but to terminate him after receiving many complaints
• Wrongful termination in violation of public policy and retaliation for denying promotions and failing to compensate her on a par with employees of other races verses legitimate reduction in force and restructuring
• Lawsuit for immigrant status discrimination and pregnancy discrimination vs. termination for inability to provide valid ID, and for using false and forged documents belonging to someone else. 5th Amendment privilege and privacy rights claimed during depositions.
• Employee’s contention was that her observance of the Jewish Sabbath on Saturdays, when the business was fully operational, resulted in religious discrimination and wrongful termination in violation of public policy
• Objecting to Christian prayers at the beginning of each work day resulted in religious discrimination and wrongful termination in violation of public policy
• Assistant pastor claimed Church had violated Labor Code by failing to pay him minimum wage, overtime wages and failing to provide meal and rest breaks. Defendant church maintained that 1st Amendment ministerial exception prohibited courts from regulating any aspect of employment between church and clergy, including wages and hours, as this would abridge church’s rights under both the Free Exercise and Establishment Clauses.
• Plaintiff’s allegations included (a) contention that denial of university tenure was due to national origin discrimination and (b) claim that defendant owed plaintiff its attorney’s fees related to anti-SLAPP proceedings. Defendant argued that (a) tenure was due to lack of requisite publications, not national origin discrimination and (b) plaintiff was not entitled to attorney’s fees under the anti-SLAPP statute as the motion could not be said to have been frivolous since an interim court did hold that the anti-SLAPP motion was valid. OUTCOME: Resolved with Bassis’ post-mediation negotiation assistance. INDUSTRY: Academia
• Allegations of (a) hostile work environment due to a medical condition, (b) retaliation (termination for reporting of attempted rape) and (c) sexual harassment (unwelcomed hugs from employer). Defendant contended that (a) there was no evidence that hostile treatment in the workplace caused plaintiff’s medical condition; furthermore, plaintiff was permitted leave to see a doctor, (b) plaintiff displayed disrespect toward supervisors and had attendance and performance issues, thus providing a non-retaliatory reason for her termination; lastly, plaintiff was satisfied with defendant’s handling of the report of the alleged rape which resulted in the alleged perpetrator’s termination and (c) any alleged unwelcome touching did not occur or was neither severe nor pervasive. OUTCOME: Resolved in mediation. INDUSTRY: Furnishings and Design Industry
• Plaintiff’s allegations included (a) disability discrimination, (b) failure to engage in the interactive process and (c) wrongful termination arising from untimely notification to supervisor of need for medical leave and failure to provide doctor’s note as required. Defendant contended that (a) plaintiff was treated as all similarly situation employees are who abandon their jobs, (b) that there was no indicia of need for a medical accommodation and (c) supervisor never received notification from plaintiff of need for leave, notwithstanding plaintiff’s proof that notification was sent. OUTCOME: Resolved in mediation with a Mediator’s Proposal. INDUSTRY: Nonprofit organization providing affordable housing and services to low-income and underserved populations

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• Multi-party commercial construction dispute involving city parking structure (and cross-complaints against city, general and sub-contractors)
• Residential construction dispute between homeowner, for faulty construction, and unlicensed contractor’s cross-complaint for money owed
• Real estate disclosure case and involving inferior construction of homes in development and developer’s failure to complete subdivision, causing diminution in value of 5 homeowners’ properties
• Construction defect collection case against small company which countered that it was entitled to offsets due to construction delays
  
• Breach of fiduciary duty, defamation and breach of commercial lease

• Defendant’s refusal to acknowledge a 5-year option to renew interfered with plaintiff’s ability to sell business resulting in causes of action for intentional and negligent interference with economic advantage vs. claim that 5-year option was voided due to plaintiff’s breach of lease by repeated late payments
• Licensed real estate broker sued to collect commissions owed to it pursuant to the real estate and business listings for the sale of a convalescent hospital
• Action to quiet title for property in face of claim of forgery in connection with purchase money loan
• Water damage/mold case stemming from broken water pipe
• Slip and fall incurred by patron entering restaurant claiming entrance way constituted dangerous condition, i.e., slope of entrance walkway from parking lot and absence of handrails in violation of the building code.
• Issue was whether seller’s withdrawal of property prior to expiration of listing period excused seller’s duty to pay broker his full 6% per the terms of the listing agreement
• Interpretation of CCRs prohibiting the parking of recreational vehicles or commercial trucks on any lot in the development visible from a street, unless homeowner obtained approval by the Association Board and Architectural Committee, by finding that proper screening through walls, arbors or shrubbery made the storage of the vehicle permissible
• Dispute between physician owners of the only commercial unit in the complex, and Association, involving installation of security camera, signage, window coverings, tinting of windows, accessible entrance and security and placement of sample/specimen boxes
• Negligence lawsuit by homeowners against utility and sub-contractors in connection with utility improvements entailing underground boring, excavation and installation of underground fiber optics. Homeowners believed they were subject to inhalation of dangerous amounts of silica dust resulting from sandblasting. Defendants claimed damages were speculative as neither plaintiff had experienced any injury but were only fearful of encountering such in the future
• Construction project issues of identification of owner of real property, who had responsibility for obtaining permits, whether all original work had been completed, whether request/approval for electrical work upgrade had occurred, whether compliance with Civil Code for preliminary notice re a mechanic’s lien had occurred, entitlement to refund of monies and threats to report hazardous conditions
• Plaintiff Builders hired to perform significant remodel to residence seeking full recovery for all work performed, including change orders, which were requested and approved by plaintiff’s designee - architect. Defendant filed cross-complaint alleging delayed completion of work, negligently performed work and double billing.

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