Cynthia Pasternak, Esq.

Profile

Cynthia has a well-deserved reputation as a highly skilled and effective mediator for more than 20 years, handling over 3,500 cases. An accomplished litigator at Pasternak, Pasternak & Alsbrook, ALC, she represented plaintiffs and defendants, specializing in personal injury, business, employment, healthcare, civil rights, government liability, construction and real estate. Cynthia brings her broad legal experience to ADR Services, Inc., where she mediates full-time at its Southern California locations. She also works at Loyola Law School as an Adjunct Professor teaching Mediation Advocacy and is Coach of its International Chamber of Commerce Commercial Mediation Team. Clients attribute her extraordinary settlement rate to thorough preparation, astute analysis, eminent fairness, sincerity, optimism, skilled negotiation, uncanny timing, her evidence-based approach and tenacity.

Among her numerous achievements are serving as Beverly Hills Bar Past President (7th woman in its 75-year history) and recipient of its most prestigious awards, MetNews’ Person of the Year, Southern California Super Lawyer (11 years), Top Women Lawyers (So Cal), Top 16 Women ADR Professionals (So Cal), and MENSA Ltd., Inc. (Lifetime Member).

Areas of Expertise

  • Business & Commercial Contracts
  • Civil Rights
  • Construction
  • Disability
  • Employment/Wage & Hour
  • Government
  • Healthcare
  • Malpractice
  • Personal Injury/Product Liability
  • Real Estate/HOA Disputes

(Case summaries available at www.PasternakMediations.com)

Legal Experience

  • 2017 – Present Adjunct Professor of Mediation/Coach ICC Team, Loyola Law School, Los Angeles
  • 2013 – Present Mediator, ADR Services, Inc. (Century City/Downtown Los Angeles)
  • 1993 – Present Pasternak & Pasternak, ALC
  • 1990 – 1993 Law Offices of Cynthia Pasternak; Of Counsel Herman & Wallach
  • 1978 – 1990 Irwin, Hale & Jacobs
  • 1977 – 1978 Law Offices of Edward L. Masry

Education

  • 1976 Loyola Law School, J.D. (Law Review, Ninth Circuit Editor)
  • 1973 University of California, Los Angeles, B.A. (Cum Laude, Chancellor’s Marshall, Mortar Board)

Professional Awards

  • Top 16 Women ADR Professionals, Southern California
  • Top Women Lawyers, Southern California
  • Southern California Super Lawyers, Los Angeles Magazine
  • President, Beverly Hills Bar Assn; Order of Distinguished Attorneys
  • Louis E. Fox Award Exemplary Service, Beverly Hills Bar Association
  • “Person of the Year,” Metropolitan Daily News
  • “Case of the Year,” Los Angeles Superior Court, ADR; “Top Achiever,” Los Angeles Superior Court, ADR; Mediation “Outstanding Case Award,” County Board of Supervisors
  • The Chancery Club
  • MENSA, Ltd.

Selected Professional Activities

  • AMERICAN BAR ASSOCIATION – MBC, Exec. Comm. (2010–2015); House of Delegates Rep.: LACBA (2013),California State Bar (2012), BHBA (2009); Health Law Section; Section of Dispute Resolution; Tort Trial & Ins. Practice; The Fellows of the ABA
  • BEVERLY HILLS BAR ASSOCIATION – President (2005-06); Board of Governors (1996-2000; 2002-07); Health Law Section, Vice Chair, Exec. Comm. (2013–present); Conf. of Delegates, Chair (2002), Delegate (12 years); Labor & Employment Law (1998–present); Litigation Section, Vice Chair, Exec. Comm. (2016–present); Personal Injury Section (2013–present); Res. Comm., Chair (2001-02), Liaison (2002-03); Past Presidents Club, Chair (2006-08); Section on Conflict Resolution (1997-present); Societas Reverenda, Chair/Founder, Exec. Comm. (2010–present); Time-Life Management, Chair/Founder (2006–16)
  • BREAKFAST CLUB (2003–present)
  • CHANCERY CLUB (2006–present)
  • L.A. MEDIATORS, Lifetime Member
  • LOS ANGELES COUNTY BAR ASSOCIATION – Board of Trustees (2003–04); Awards Dinner Co-Chair (2018); Installation Dinner Comm. (2016); 125th Gala, Co-Chair (2002-03); Healthcare Law Section, Exec. Comm. (2014-2017); Labor and Employment Section; Litigation Section; Real Property Section
  • LOYOLA LAW SCHOOL, 40TH Reunion Co-Chair
  • MENSA, Ltd., Lifetime Member
  • SOUTHERN CALIFORNIA MEDIATION ASSN (SCMA) – Member (2001–present); Programs Comm. (2012-14); Sponsorship Co-Chair (2012-14)
  • THE CHANCELLORS of CITY OF HOPE (2016-present)
  • U.S. DISTRICT COURT, ADR Advisory Board (2011-present)

Selected Lectures & Seminars

  • “How to Succeed at Mediation,” MCLE (2018)
  • “Employment and Housing Discrimination Claims – Mediator’s Perspective,” Loyola Law School (2018)
  • “Civility and Professionalism in the Practice of Law,” Asian Women Lawyers (2017)
  • “Negotiation – Planning for Success,” Nossaman Women’s Retreat (2016)
  • “Mock Mediation,” Loyola Law School, LA (2016)
  • “Revising Confidentiality,” UCLA Law School (2016)
  • “Building a Successful Career in Tort, Trial and Insurance Law,” ABA TIPS, Loyola Law School (2015)
  • “Time-Life Management: Work-Life Balance for the 21st Century,” MCLE (2014-17)
  • “The Keys to Success in Mediation,” MCLE (2014)
  • “USC Mock Mediation,” USC Gould School of Law (2014)
  • “Back to Beepers: Tips from the Masters on Personal Injury Mediations,” MCLE (2013)
  • “What is a Mediator?” Freedom School, SS Wise (2012)
  • “”Effective Mediation Techniques,” Long Beach Junior League (2009)
  • “You Can Do It! Successful Women Lawyers Discuss Combining Family and the Law,” State Bar of California (2009)
  • “The ABC’s of Work-Life Balance,” American Bar Association (2008)
  • “Raising a Family and Practicing Law: The Balancing Act,” MCLE (2006)
  • “Balancing Career & Family: A Work/Life Symposium,” Beverly Hills Bar Association in collaboration with Pepperdine University Law Review (2006)
  • “And Justice for All,” Beverly Hills Bar Association, Barrister Community Outreach and Justice (2005)

Selected Professional Writings & Commentary

  • “Mediating a Minor’s Personal Injury Claim,” Advocate, page 114, Plaintiff, page 49, Aug. 2016
  • “Revising Confidentiality,” Los Angeles Lawyer, Dec. 2015
  • “Mediators…Kind of Like Tour Guides,” Daily Journal, Verd. & Sett., page 2, Aug. 14, 2015
  • “Time-Life Management Tips,” BHBA Bar Brief Column, Feb. 2015 – present
  • “Mid-Value Cases Get Short Shrift in Mediation,” Daily Journal, Verd. & Sett., page 2, June 28, 2013
  • “Starting a Mediation Practice,” Los Angeles Lawyer, E-Pub., Sept. 2008
  • “How to Mediate Effectively with Insurance Carriers,” Advocate, page 54, Jan. 2007
  • “There’s More to Civil Suits Than Monetary Damages,” Daily Journal Extra, page 9, Apr. 14, 2003
  • “Tenacity and Creativity: The Keys to Early Conflict Resolution,” Feb. 27, 2003
  • “So You Want a Jury Trial?” Nov. 21, 2001
  • Contributor, Judicial Profiles at Los Angeles County Bar Association website, LACCBA.org

Representative Cases

Business & Commercial Contracts

  • Successfully mediated nearly every aspect of business disputes: breach of contract, fraud, violation of Business and Professions Code, warranty, breach of oral agreements, corporate and partnership dissolutions, franchise disputes, license agreements, joint ventures, non-profits, international business transactions, trade secrets, unfair competition and entertainment disputes. These businesses include telecommunications services, consulting services, manufacturing, music royalties, government funding projects, commission-based sales, construction and development projects, among many others.
  • Twenty-nine sales representatives alleged breach of contract and willful failure to pay commissions against manufacturer.
  • Breach of oral agreement to pay for consulting services whereby plaintiff provided government- funding projects. Partial invoiced services paid until defendant claims to have terminated the relationship and any future obligation to pay.
  • Breach of contract and fraud against a contractor for damages arising from the alleged failure to develop and construct residential structures on two real property parcels.
  • Multi-party breach of contract claims regarding chiropractic clinics.
  • Franchisor/Franchisee disputes regarding marketing assistance and franchise fees of fast food restaurant.
  • Lease agreement whereby tenant to provide a percentage of income to landlord as rent. Tenant claimed that landlord prevented him from conducting his business.
  • Business buyer sues seller for alleged misrepresentations regarding the assets and income of the business.
  • Subcontractor claimed that health plan failed to make payments under provisions of capitation agreement.
  • Multiple claims by physicians and hospitals alleging wrongful non-payment or underpayment of claims under contracts with health plans.
  • Claims by insurance brokers asserting failure to pay commissions.
  • Subrogation claim regarding damages for totaled Lamborghini. Complex expert evaluation.
  • Damages for loss of equipment and lost business income due to fire at a major custom printing business.
  • Business destroyed by fire due to alleged faulty wiring.
  • Defendant federal agency certified and maintained a database of small businesses owned by service-disabled veterans which were qualified to receive specified government contracts (38 U.S.C. §§ 8127-8128.) Initially, plaintiff business was certified to participate. Two years later when the business tried to renew, defendant denied its application. Plaintiff requested reconsideration and was approved for certification. The next time plaintiff reapplied, it was again denied certification. Plaintiff claimed defendant's actions were arbitrary, capricious, an abuse of discretion, not according to law, and sought reinstatement to the database.
  • Plaintiff foreign exporter received all necessary regulatory certificates substantiating that its food product was sanitary. Defendant importer purchased several large orders from plaintiff over a couple years. Following a norovirus outbreak, the FDA removed plaintiff and other exporters of the product from an approved shipper's list and the FDA and State would not allow defendant to return the product. Defendant arranged for destruction of the product and sought reimbursement from plaintiff for approximately $250,000. Plaintiff and defendant had several informal meetings to attempt resolution of the dispute. When the FDA lifted the ban, plaintiff and defendant resumed their export-import relationship. However, after plaintiff shipped the next large order, defendant accepted the order, refused to pay for it and demanded additional compensation from plaintiff. Both parties alleged breach of contract, fraud and related causes of action.
  • In a prior action, independent sales agent (plaintiff herein) agreed to market and distribute a film for wealthy film owner (defendant herein). The film was unsuccessful and film owner sued sales agent for accounting, fraud and other claims. Trial Court granted a special motion to strike against the film owner which she appealed. Court of Appeal affirmed Trial Court's ruling. Plaintiff filed a malicious prosecution action against defendant film owner and her attorney. Defendants filed an anti-SLAPP motion which was denied. Defendants appealed the ruling which was also affirmed by the Court of Appeal. The parties engaged in mediation to resolve the malicious prosecution by plaintiff against defendant film owner and her attorney.
  • Licensed healthcare provider purchased, acquired and operated numerous multi-state medical clinics and facilities. As part of an expansion of clinic operations, the healthcare provider entered into various agreements with plaintiff, an unlicensed individual. Plaintiff alleges breach of contract, common counts and fraud. Issues included individual liability for a corporate debt, assumption of the obligation to plaintiff by a third party, statutes of limitation, unlawful consulting agreements and mismanaged corporate assets.
  • Appointed as Special Master by Federal Court in a major franchise business dispute to render a final and binding determination of the validity of class action claims.
  • Breach of contract, open book account of physician to recover unpaid medical treatment to patient for obtaining surrogates to conceive patient's child.
  • Breach of contract and common counts to recover payment for architectural services provided.
  • Accounting of music royalties between Spanish music distributor and agents.
  • Due to manufacturer's use of alleged defective solvent, DVDs separated after distribution to retailers and sale to consumers. Complex damage issues.
  • Rescission and restitution of contract to purchase trucks alleged as "de-rated " (modification to reduce gross vehicle weight) permitting drivers to operate without commercial license.
  • Alleged bait and switch of financing interest rate for the purchase of a motor vehicle giving rise to claims under the Song-Beverly Act, Magnuson-Moss Act, CLRA violations, UCL violations and fraud.
  • Suit alleging breach of contract, fraud and violation of Business and Professions Code by a wholesale provider of telecommunication services, its distributor and a cross-complainant for fees due for services provided under the contract.
  • Breach of contract and fraud against a contractor for damages arising from the alleged failure to develop and construct residential structures on two real property parcels.
  • Defendant hired to remove glue from floor of museum. Used sander (rather than anticipated chemical) which created dust and disseminated lead-based paint contaminants. Plaintiff aware that sander being used soon after project started, but allowed process to continue.
  • Art framing alleged to have damaged artist's work prepared for art exhibit. Damages alleged for improper framing, damage to art pieces, lost profits, lost future profits, loss of goodwill, attorney's fees, costs and punitive damages.
  • Defendant purchased and assumed management and control over dance studio. Plaintiff alleged misappropriation of funds, breach of contract, breach of fiduciary duties. Cross- Complaint for declaratory relief, intentional infliction of emotional distress, slander.
  • Plaintiffs used Defendant's logistic and warehouse services. Defendants claimed warehouseman's lien over goods for failure to pay outstanding obligations. Plaintiffs claimed breach of contract, negligence, negligent interference with prospective business advantage, fraud and conversion.
  • Misappropriation of trade secrets, FINRA and Trademark violations. Plaintiff contended Defendants misappropriated trade secrets and trademark of college fraternity/sorority party business. Also, life insurance company Defendant failed to properly educate/supervise agents regarding ethical and conflict of interest requirements.
  • Elderly plaintiff purchased timeshare points. He purchased additional points on two other occasions with the understanding that he would not have to pay annual maintenance fees. Defendant disputes Plaintiff's claims and states that he is bound by written contract.

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Civil Rights

  • Settled numerous cases alleging civil rights violations, excessive force during arrests and public protests, violation under 42 USC.
  • Alleged use of excessive force by police resulting in gun shot to leg of convicted felon.
  • Alleged police use of excessive force and false imprisonment for gang-related congregating.
  • Wrongful arrest of youth for possession of marijuana with medical prescription.
  • California Highway Patrol employees sued for abuse of authority under color of law (Title 18) resulting in claimed personal and business injury.
  • Elderly plaintiff claimed excessive force (42 USC 1983), negligence, assault, battery, elder abuse and other causes of action by law enforcement officers during an unlawful arrest. Defense claimed plaintiff impeded investigation, resisted reasonable and appropriate force during a lawful arrest and could not satisfy Monel requirements to establish liability of the local entity. Plaintiff sustained serious medical injuries.
  • Civil rights violation under 42 USC that agents used excessive force when they shot and killed decedent who they believed was trying to run down an agent.
  • Civil rights violation that officers used excessive force when they removed plaintiff from his bicycle while he participated in a protest.

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Construction Defect

  • Mediated various construction defect disputes, including improper design and installation of commercial kitchen equipment, subsiding apartment buildings, condominiums, residences, water intrusion, water drainage systems.
  • Defendant, governmental entity, was engaged in a major water diversion project adjacent to plaintiff's home. An unpaved dirt road at the edge of plaintiff's property was utilized by defendant to gain access to the project. No Environmental Impact Report was required, but defendant filed a Mitigated Negative Declaration and obtained California Environmental Quality Act approval for the project. Plaintiff claimed that the vibrations, dust, lack of lateral support, elimination of the a landscaped windbreak, and other environmental impact of the project violated the terms of the
    
    MND (Govt. Code 830), causing damages to her home, health, landscaping and the surrounding environment. Damages were estimated at $450,000, but the home was now worth only a fraction of that amount. In addition, due to plaintiff's ongoing medical complaints, she contended that she could no longer live in the area. Creative resolution included purchase of plaintiff's real property.
  • Improper design and installation of college dormitory kitchen equipment and fans causing malfunction and excessive noise.
  • Construction project alleged to have caused subsidence of structure on adjacent property.
  • Sandblasting at museum alleged to have damaged and/or destroyed art and other historical artifacts.
  • Water intrusion into residences causing substantial property damage.
  • Alleged improper design and reconstruction of public park caused flooding of neighborhood. Claims against contractor, subcontractors, architect and designers by dozens of adjoining property owners for damages.
  • College sprinkler system malfunctioned over the weekend causing a computer laboratory to be flooded. Major damages to structure and contents.
  • Claims for alleged condominium construction defects arising out of water intrusion from an adjacent condominium.

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Disability Law

  • Resolved actions claiming failure to accommodate, failure to engage in interactive dialogue and failure to take corrective measures under the American with Disabilities Act, Unruh Civil Rights Act, Disabled Persons Act, Disabilities Education Act, Free Appropriate Public Education and California Health & Safety Code.
  • Plaintiff claimed termination due to disability. Employer asserted termination due to absence of requisite government credentials.
  • Employee with history of medical leaves of absence sustained work-related injury, claimed employer failed to accommodate and terminated him in violation of public policy. Employer claimed employee unable to perform essential job functions with or without a reasonable accommodation.
  • Employee 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.
  • Employer alleged 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.
  • Trip and fall in parking lot by blind Plaintiff.
  • Plaintiff attending high school football game confined to wheelchair. Claimed no accessible seating and no accessible, compliant restroom. Also sustained bodily injury when tried to use restroom.
  • Defendant federal agency certified and maintained a database of small businesses owned by service-disabled veterans which were qualified to receive specified government contracts (38 U.S.C. §§ 8127-8128.) Initially, plaintiff business was certified to participate. Two years later when the business tried to renew, defendant denied its application. Plaintiff requested reconsideration and was approved for certification. The next time plaintiff reapplied, it was again denied certification. Plaintiff claimed defendant's actions were arbitrary, capricious, an abuse of discretion, not according to law, and sought reinstatement to the database.
  • Plaintiff employed by defendant full-service career center funded by the federal Workforce Investment Act. Plaintiff claimed that she reported accounting inaccuracies and mismanagement of government grants to the executive director. She further claimed that the executive director retaliated against her by relocating her to a different office and subjecting her to discriminatory comments about veterans and pregnant women. Then while she was on pregnancy disability leave, plaintiff met with federal agents about the aforementioned illegal conduct. When plaintiff returned from disability leave, she was terminated. Plaintiff claims against defendants included violation of the Federal and State Whistleblower Protection Acts, Discrimination Against Veterans (USERRA), Family Medical Leave Act (FMLA), Pregnancy Disability Leave, among others.
  • Plaintiff, employed as a Class A driver, was severely injured on the job. He filed a Worker's compensation claim and was on a disability leave of absence. While on leave, his trailer was emptied of his personal belongings. Plaintiff returned to work but was not given any driving assignments. Plaintiff claimed constructive termination, failure to engage in the interactive process, failure to accommodate, disability discrimination and wage and hour violations.
  • Plaintiff injured his back on the job. When he requested to see a doctor, he was terminated. Plaintiff claims wrongful termination based upon failure to accommodate disability and to avoid worker's compensation and medical leave.
  • Handicapped plaintiff claimed Federal ADA violations by residential medical facility including non-compliant doors, bathrooms, service counters, parking lot signage, parking spaces.
  • Handicapped plaintiff claimed Federal ADA violations by major motor vehicle membership company including barrier to access, non-compliant doors, bathrooms, service counters, parking lot signage, parking spaces, service cubicles.
  • Claims of student identified as disabled under the Disabilities Education Act ("IDEA") for denial of a Free Appropriate Public Education ("FAPE").
  • Actions under the American with Disabilities Act, the Unruh Civil Rights Act, the Disabled Person Act and the California Health and Safety Code against a major retail company.
  • Alleged wrongful termination based on race and failure to accommodate medical condition against major department store.
  • Action for wrongful termination based on physical disability and failure to provide reasonable accommodation against restaurant employer.
  • Plaintiff brought action against public transport company for injuries sustained when his wheel chair was not properly secured and overturned while he was being transported. Extensive pre- existing serious medical conditions alleged by defendant.
  • Allegations of employee discrimination based upon disability under the Federal Rehabilitation Act (29 U.S.C. sec. 701, et seq.)
  • Plaintiff paraplegic denied access to compliant restroom and parking space. He allegedly fell due to debris that got stuck in his wheelchair wheels. Claimed injuries due to violation of Title II of ADA, 3504 Rehabilitation Act and California Disabled Persons Act.

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Elder Abuse

  • Specializes in mediations alleging physical and financial elder abuse suits against adult care facilities, among family members, violations of the Elder Abuse Act, alleging substandard custodial care, accounting deficiencies, fraudulent transfer, management and disposition of assets, financial elder abuse and wrongful death.
  • Plaintiff entered defendant care facility while her daughter, a licensed vocational nurse, underwent her own medical treatment. Care facility contended that plaintiff had preexisting decubitus ulcers when she entered the facility. Daughter disputed any preexisting bedsores. During mediation, it was discovered that intake records had been altered by medical staff.
  • Resident of elder care facility choked and died when facility failed to serve prescribed diet.
  • Elderly plaintiff fell and fractured his hip resulting in more severe immobility.
  • Elderly mother and three children claim that defendant daughter forged mother's signature on a grant deed to acquire her house.
  • Claims of fraud and abuse by daughter of elderly parents who transferred title to real property into her name, obtained loans, sold the home and caused their eviction.
  • Nurse terminated for alleged poor performance and violation of medical care protocol resulting in life-threatening injuries to elder patient.
  • Allegations of elder abuse against transport company for failure to properly secure elderly man's wheelchair, causing him to slide out of the wheel chair and break his leg.
  • Elderly plaintiff purchased timeshare points. He purchased additional points on two other occasions with the understanding that he would not have to pay annual maintenance fees. Defendant disputes Plaintiff's claims and states that he is bound by written contract.
  • Elderly plaintiff claimed excessive force (42 USC 1983), negligence, assault, battery, elder abuse and other causes of action by law enforcement officers during an unlawful arrest. Defense claimed plaintiff impeded investigation, resisted reasonable and appropriate force during a lawful arrest and could not satisfy Monel requirements to establish liability of the local entity. Plaintiff sustained serious medical injuries.

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Employment

  • Mediates wrongful termination, retaliation, sexual harassment and discrimination matters involving race, gender, religion, foreign ancestry, pregnancy age, sexual orientation, failure to provide reasonable accommodation, violations of the Federal Rehabilitation Act, high-ranking federal employees, and mandatory reporting.
  • Harassment and hostile work environment based on employee's sexual orientation.
  • Elderly employee demoted and moved from her office to a cubicle when employer desired younger staff and instituted campaign of ridicule creating hostile work environment.Employee alleged discrimination based on disability, perceived disability and medical condition, failure to accommodate or engage in an interactive process and retaliation against a major manufacturer.
  • Employee alleged wrongful termination for violation of public policy, waiting time penalties, attorney fees and costs when terminated after discussing pay reduction with other employees. Employer claimed there were economic reasons for its staff reductions and "good cause" for plaintiff's termination.
  • Alleged gender discrimination against a male employee.
  • Disability discrimination, failure to accommodate, retaliation, wage and hour and numerous other employment claims.
  • Employee alleged that employer refused to honor work restrictions and permit her to attend doctor visits in violation of FMLA/CFRA. Thereafter, employer terminated plaintiff for performance issues which allegedly were not supported by credible, timely complaints.
  • Plaintiff waitress alleged she was sexually harassed by the head sushi chef who carved genitalia out of food products and gave them to her at work.
  • Aeronautics employer sued for claimed failure to accommodate employee's disability (amputated leg).
  • Major Health Care Provider sued for age discrimination by a senior manager.
  • Major retailer sued by employee for gender discrimination and hostile work environment.
  • Professor and major university sued by student claiming sexual harassment.
  • Probationary employee wrongful termination claim.
  • Quid Pro Quo sexual discrimination of female subordinate by male supervisor verses allegations of consensual conduct.
  • Hostile work environment and acts created by disparaging epithets regarding sexual orientation of co-worker displayed on workplace bulletin board.
  • Wrongful termination in violation of public policy, retaliation due to reporting of OSHA violation, workers compensation and whistleblower causes of action.
  • Wrongful accusation of theft, termination in violation of public policy and retaliatory denial of promotion against an airport retail salesperson verses legitimate reduction in force and restructuring.
  • Employee who objected to daily prayers at work claimed religious discrimination and wrongful termination in violation of public policy.
  • Employer claimed business winding down and presented long-term employee with a proposed separation and release agreement. Employee refused to sign and brought lawsuit for numerous wage and hour Labor Code violations.
  • Plaintiff employed by defendant full-service career center funded by the federal Workforce Investment Act. Plaintiff claimed that she reported accounting inaccuracies and mismanagement of government grants to the executive director. She further claimed that the executive director retaliated against her by relocating her to a different office and subjecting her to discriminatory comments about veterans and pregnant women. Then while she was on pregnancy disability leave, plaintiff met with federal agents about the aforementioned illegal conduct. When plaintiff returned from disability leave, she was terminated. Plaintiff claims against defendants included violation of the Federal and State Whistleblower Protection Acts, Discrimination Against Veterans (USERRA), Family Medical Leave Act (FMLA), Pregnancy Disability Leave among others.
  • Plaintiff, employed as a Class A driver, was severely injured on the job. He filed a Worker's compensation claim and was on a disability leave of absence. While on leave, his trailer was emptied of his personal belongings. Plaintiff returned to work but was not given any driving assignments. Plaintiff claimed constructive termination, failure to engage in the interactive process, failure to accommodate, disability discrimination and wage and hour violations.
  • Plaintiff was a male territory sales manager who was married with a young child. He claimed gender discrimination in violation of FEHA on the basis that his employer assigned him all
    overnight travel rather than requiring it be shared with female territory sales managers. He claimed that this undue hardship on his family forced plaintiff to resign.
  • Plaintiff injured his back on the job. When he requested to see a doctor, he was terminated. Plaintiff claims wrongful termination based upon failure to accommodate disability and to avoid worker's compensation and medical leave.
  • Plaintiff employed as nurse at skilled care facility which included room and board. Plaintiff claimed inadequate privacy, no right to engage in normal private pursuits, inadequate overtime compensation, sleep time violations, illegal meal and lodging deductions, meal and rest period violations, among other things.
  • Alleged sexual harassment, gender discrimination, retaliation, failure to prevent harassment, failure to conduct investigation, defamation and intentional infliction of emotional distress of employee against co-worker and major aerospace corporation employer.
  • Breach of written employment contract for advertising services by music production company.
  • Alleged wrongful termination based on race and failure to accommodate medical condition against major department store.
  • Action for wrongful termination based on physical disability and failure to provide reasonable accommodation against restaurant employer.
  • Wrongful termination based on age discrimination and retaliation by a long-term sales representative against a major pharmaceutical manufacturer.
  • Wrongful termination of a truck driver based on failure to accommodate medical condition. Employer claimed that the employment relationship was properly terminated because employee declined to modify his duties as a cost-based requirement after being medically cleared without restriction.
  • Claims against a school district for retaliation, harassment and discrimination in violation of the Federal Rehabilitation Act, American Disabilities Act and California Labor Code for reporting alleged child abuse.
  • Alleged wrongful termination of a long-term sales associate by a major corporation based upon age.
  • Nurse terminated for alleged poor performance and violation of medical care protocol resulting in life-threatening injuries to elder patient.
  • Actions under the American with Disabilities Act, the Unruh Civil Rights Act, the Disabled Person Act and the California Health and Safety Code against a major retail company.
  • Allegations of employee discrimination based upon disability under the Federal Rehabilitation Act (29 U.S.C. sec. 701, et seq.).
  • Employee alleged termination due to disability. Employer claimed termination to preserve operational efficiency due to employee taking a prohibited action causing recurrence of an injury, failing to provide requested medical documentation to support work absence and not returning to work when expected.
  • Alleged five-year misclassification of employee as independent contractor resulting in unpaid overtime wages, statutory penalties, lost social security and Medicare tax contributions, lost unemployment insurance compensation, emotional distress damages (due to assault on employee's last day of employment), attorney's fees and costs.
  • Claims by employees for wage, hour and commission violations against a major department store chain. Case settled at mediation prior to certification of class.
  • Class action by restaurant employees for wage, hour and commission violations.
  • Residential caregiver for the elderly who alleged inadequate staffing and no right to engage in normal private pursuits entitled him to Federal overtime, sleep time, no deductions for meals and lodging, liquidated damages, prejudgment interest, California minimum wage overtime, Private Attorney General Act compensation, penalties, attorney's fees and costs.
  • Pre-litigation claim that claimant reported illegal conduct to the government (whistleblower) that employer discriminated against veterans.
  • Claimant took medical leave due to complication with her pregnancy and, upon return from leave, was terminated by employer. Employment discrimination against the Department of Defense based upon race and national origin.
  • Employment discrimination against the Department of Defense based upon race and national origin.
  • Experienced human resource professional alleges Labor Code 970 violation, gender discrimination, race discrimination and constructive discharge.

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Government

  • Settled numerous claims involving governmental entities and issues at every level regarding defective roadway construction and design, inadequate and improper placement of signage and guardrails, failure to warn, property damage. Numerous trip and fall claims on sidewalks, streets, through open manholes. Negligent supervision of students, sexual assault. Federal claims involving Medi-Cal, Medicare, government contracts, school districts, federal and state statutory violations.
  • Plaintiff ambulance company contracted with defendant Medicare/Medicaid to provide services. Defendant put Plaintiff on 100% pre-payment review. Plaintiff filed Chapter 11, then Chapter 7 bankruptcy. Bankruptcy Trustee seeks to recover money withheld claiming violations of

    Administrative Procedures Act and turnover. Defendant USA alleges failure to exhaust administrative remedies and sovereign immunity.
  • Minor female claims personal injury against governmental agency for sexual assault by a fellow student as a result of negligent supervision while on an overnight trip.
  • Numerous trip and fall cases on city sidewalks, streets, through open manholes.
  • Nurse terminated for alleged poor performance and violation of medical care protocol resulting in life-threatening injuries to elder patient.
  • Wrongful death claim against Caltrans for defective construction and design of roadway, inadequate signage, design and placement, and failure to maintain warning signs.
  • Property damage to government property (traffic signals, trees, light poles, power lines).
  • Plaintiff physician provider submitted Medicare claims for services rendered to patient- beneficiaries. Post payment review with extrapolation to random sampling resulted in a claim of overpayment to plaintiff of nearly $1 million. Plaintiff pursued the entire Medicare Appeals process and ultimately filed a complaint in Federal Court for review of the Medicare Overpayment Determination. Throughout the proceedings, plaintiff had been paying down the claim, but at mediation an accounting discrepancy of over $1 million was discovered.
  • Motor vehicle accident in which the defendant was unlicensed, alleged to have been speeding, drinking, abusing drugs, had a minimal insurance policy and was recently released from prison for a DUI felony conviction arising out of this loss. Plaintiff had been negotiating a left turn and claimed no fault for the accident. A parked vehicle and city power pole sustained property damage. Issues at mediation included injury claims, property damage claims, allocation of liability and property damage policies, joint and several liability and possible prejudgment interest.
  • Defendant federal agency certified and maintained a database of small businesses owned by service-disabled veterans which were qualified to receive specified governmental contracts (38 U.S.C. §§ 8127-8128.) Initially, plaintiff business was certified to participate. Two years later when the business tried to renew, defendant denied its application. Plaintiff requested reconsideration and was approved for certification. The next time plaintiff reapplied, it was again denied certification. Plaintiff claimed defendant's actions were arbitrary, capricious, an abuse of discretion, not according to law, and sought reinstatement to the database.
  • Plaintiff foreign exporter received all necessary regulatory certificates substantiating that its food product was sanitary. Defendant importer purchased several large orders from plaintiff over a couple years. Following a norovirus outbreak, the FDA removed plaintiff and other exporters of the product from an approved shipper's list and the FDA and State would not allow defendant to return the product. Defendant arranged for destruction of the product and sought reimbursement from plaintiff for approximately $250,000. Plaintiff and defendant had several informal meetings to attempt to resolve the dispute. When the FDA lifted the ban, plaintiff and defendant resumed their export-import relationship. However, after plaintiff shipped the next large order, defendant accepted the order, refused to pay for it and demanded additional compensation from plaintiff. Both parties alleged breach of contract, fraud and related causes of action.
  • Defendant, governmental entity, was engaged in a major water diversion project adjacent to plaintiff's home. An unpaved dirt road at the edge of plaintiff's property was utilized by defendant to gain access to the project. No Environmental Impact Report was required, but defendant filed a Mitigated Negative Declaration and obtained California Environmental Quality Act approval for the project. Plaintiff claimed that the vibrations, dust, lack of lateral support, elimination of the a landscaped windbreak, and other environmental impact of the project violated the terms of the MND (Govt. Code 830), causing damages to her home, health, landscaping and the surrounding environment. Damages were estimated at $450,000, but the home was now worth only a fraction of that amount. In addition, due to plaintiff's ongoing medical complaints, she contended that she could no longer live in the area and demanded that defendant purchase her home and relocate her to a comparable residence.
  • Plaintiff employed by defendant full-service career center funded by the federal Workforce Investment Act. Plaintiff claimed that she reported accounting inaccuracies and mismanagement of government grants to the executive director. She further claimed that the executive director retaliated against her by relocating her to a different office and subjecting her to discriminatory comments about veterans and pregnant women. Then while she was on pregnancy disability leave, plaintiff met with federal agents about the aforementioned illegal conduct. When plaintiff returned from disability leave, she was terminated. Plaintiff claims against defendants included violation of the Federal and State Whistleblower Protection Acts, Discrimination Against Veterans (USERRA), Family Medical Leave Act (FMLA), Pregnancy Disability Leave among others.
  • Plaintiff incarcerated at government owned, privately operated correctional facility. Plaintiff had a history of lung disease for which he used a steroid inhaler. While incarcerated, he was exposed to the highly toxic soil fungus known as "Valley Fever." Plaintiff exhibited symptoms of the disease and was transferred out of the facility. Notwithstanding, plaintiff claimed that exposure caused him to become infected and sustain serious permanent, lifetime injuries.
  • Elderly plaintiff tripped over exposed bolts in a sidewalk. Plaintiff sustained a fractured shoulder (surgical repair), fractured thumb (open reduction and internal fixation), concussion with residual claims, contusions to knees and ankles. Loss of earnings claim. Case included Medicare and MediCal liens.
  • Bicycle rider struck by government vehicle in intersection. Dispute regarding directions of travel. Plaintiff sustained clavicle fracture, fibular fracture, supra pubic ramus fracture, metacarpal fracture, epidural hematoma adjacent to the frontal lobe and other injuries.
  • Claim against a school district and teacher for negligence and negligent supervision arising from alleged physical abuse of mentally challenged student. The case required sensitivity to the interests of the school district, the teacher, the student who still idolized the teacher, and the student's family.
  • Complaint alleging negligence, negligent infliction of emotional distress and violation of Federal Aviation regulations against a major airline for wrongfully allowing an allegedly intoxicated passenger to board and serving him alcohol after which he sexually assaulted another passenger.
  • Multi-party motor vehicle accident involving the driver and passenger of a mobile food truck and another truck. In addition to injuries, one of plaintiff's major property damage claims was the cost to upgrade the truck to comply with new governmental requirements, leasing another mobile food truck and storage fees.
  • Civil rights violation under 42 U.S.C. that agents used excessive force when they shot and killed decedent who they believed was trying to run down an agent.
  • Civil rights violation that officers used excessive force when they removed plaintiff from his bicycle while he participated in a protest.
  • Elderly plaintiff claimed excessive force (42USC1983), negligence, assault, battery and other causes of action by law enforcement officers during an unlawful arrest. Defense claimed plaintiff impeded investigation, resisted reasonable and appropriate force during a lawful arrest and could not satisfy Monel requirements to establish liability of the local entity. Plaintiff sustained serious medical injuries.
  • Wrongful Death for delaying medical attention to a prospective military recruit in violation of government's safety procedures and regulations.
  • Plaintiff sustained injuries at a marine terminal when his vehicle was struck by a U.S. Customs and Border Patrol Officer. Plaintiff was injured in the course and scope of his employment as a longshoreman. His injuries and damages were compensated by the Longshore and Harbor Worker's Compensation Act and the SSA (2 liens).
  • Employment discrimination against the Department of Defense based upon race and national origin.
  • New doctor alleged to have allowed physician's assistant and clinic to use his MediCare billing privileges. Clinic fraudulently billed patients' charges. Complete medical review and audit resulted in approximately $500,000 demand for repayment by MediCare billing extrapolation. Doctor pursued entire appeals process to Federal Court. Demand with interest now $800,000.
  • Plaintiff fell into an uncovered city manhole. Sustained head, back and other injuries.

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Healthcare

  • Mediated a variety of healthcare claims including payment disputes between healthcare providers and insurers, health plans.
  • Professional liability claims against physicians, dentists, and other healthcare providers, liability claims against hospital and other medical facilities.
  • Compensation disputes between medical groups and medical foundations, false claim qui tam lawsuits.
  • New doctor alleged to have allowed physician's assistant and clinic to use his MediCare billing privileges. Clinic fraudulently billed patients' charges. Complete medical review and audit resulted in approximately $500,000 demand for repayment by MediCare billing extrapolation. Doctor pursued entire appeals process to Federal Court. Demand with interest now $800,000.
  • Multi-party breach of contract regarding chiropractic clinics.
  • Subcontractor claimed that health plan failed to make payments under provisions of capitation agreement.
  • Medicare claimed $863,000 overpayment to physician which included extrapolation methodology in connection with auditing billings and pursuing overpayment recoveries. Physician pursued administrative remedies.
  • Plaintiff ambulance company contracted with defendant Medicare/Medicaid to provide services. Defendant put Plaintiff on 100% pre-payment review. Plaintiff filed Chapter 11, then Chapter 7 bankruptcy. Bankruptcy Trustee seeks to recover money withheld claiming violations of Administrative Procedures Act and turnover. Defendant USA alleges failure to exhaust administrative remedies and sovereign immunity.
  • Physicians and other professional providers alleged that managed care organizations’ reimbursement and contracting practices violated RICO, ERISA and state laws.
  • Hospital alleged that health plan failed to pay reasonable and customary rates for emergency services, in violation of Health & Safety Code.
  • Professional medical providers claimed wrongful non-payment or underpayment of claims, raising issues of distinction between emergency and trauma claims, length of stay, stop loss calculations, financial responsibility of delegated entities, and DOFR interpretations. Claimed failure to timely diagnose bladder cancer resulting in wrongful death.
  • Plaintiff alleged medical malpractice against surgeon who performed multiple, unsuccessful shoulder surgeries. Ultimately, shoulder could not be repaired. Major damage claim.
  • Dentist alleged to have performed multiple unnecessary and substandard procedures.
  • Claimed failure to appropriately inject pain management substance, monitor and treat infection complications.
  • Multiple claims by physicians and hospitals alleging wrongful non-payment or underpayment of claims under contracts with health plans.
  • Home healthcare provider attacked by dog. Serious injuries.
  • Plaintiff physician provider submitted Medicare claims for services rendered to patient- beneficiaries. Post-payment review with extrapolation to random sampling resulted in a claim of overpayment to plaintiff of nearly $1 million. Plaintiff pursued the entire Medicare Appeals process and ultimately filed a complaint in federal court for review of the Medicare Overpayment Determination. Throughout the proceedings, plaintiff had been paying down the claim, but at mediation a substantial accounting discrepancy was discovered.
  • Licensed healthcare provider purchased, acquired and operated numerous multi-state medical clinics and facilities. As part of an expansion of clinic operations, the healthcare provider entered into various agreements with plaintiff, an unlicensed individual. Plaintiff alleges breach of contract, common counts and fraud. Issues included individual liability for a corporate debt, assumption of the obligation to plaintiff by a third party, statutes of limitation, unlawful consulting agreements and mismanaged corporate assets.
  • Plaintiff employed as nurse at skilled care facility which included room and board. Plaintiff claimed inadequate privacy, no right to engage in normal private pursuits, inadequate overtime compensation, sleep time violations, illegal meal and lodging deductions, meal and rest period violations among other things.
  • Handicapped plaintiff claimed Federal ADA violations by residential medical facility including non-compliant doors, bathrooms, service counters, parking lot signage, parking spaces.
  • Handicapped plaintiff claimed Federal ADA violations by major motor vehicle membership company including barrier to access, non-compliant doors, bathrooms, service counters, parking lot signage, parking spaces, service cubicles.
  • Wrongful termination based on age discrimination and retaliation by a long-term sales representative against a major pharmaceutical manufacturer.
  • Residential caregiver for the elderly who alleged inadequate staffing and no right to engage in normal private pursuits entitled him to Federal overtime, sleep time, no deductions for meals and lodging, liquidated damages, prejudgment interest, California minimum wage overtime, Private Attorney General Act compensation, penalties, attorney's fees and costs.
  • Breach of contract, open book account of physician to recover unpaid medical treatment to patient for obtaining surrogates to conceive patient's child.

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Malpractice

  • Legal - Settled cases involving allegations of legal malpractice, some in conjunction with attorney fee disputes.
  • Medical and Dental - Resolved medical and dental malpractice claims including Federal Tort Claims Act, wrongful death, failure to diagnose, improper treatment, failure to warn patient of known risks, failure to conduct proper testing, substandard care, treatment or surgery, unauthorized treatment/lack of informed consent, and vicarious liability.
  • Attorney alleged to have forced unsophisticated client to settle lawsuit.
  • Law firm represented client in an action for injunctive relief and damages due to client's construction that allegedly obstructed his neighbors' views. Client claimed legal malpractice against the law firm which had its own claim for non-payment of fees. Malicious prosecution action after underlying case decided on Motion for Summary Judgment affirmed on appeal. Defense filed anti-SLAPP motion which was denied. Cross-Motion for Summary Judgment denied.
  • Plaintiff alleged medical malpractice against surgeon who performed multiple, unsuccessful shoulder surgeries. Ultimately, shoulder could not be repaired. Major damage claim.
  • Claimed failure to timely diagnose bladder cancer resulting in claimed wrongful death.
  • Dentist alleged to have performed multiple unnecessary and substandard procedures.
  • Alleged failure to appropriately inject pain management substance, monitor and treat infection complications.

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Personal Injury

  • Specializes in mediating every aspect of a personal injury case including negligence, wrongful death, medical treatments, loss of earnings, property damage, loss of consortium, infliction of emotional distress, physical and sexual assault, traumatic brain injury, post-traumatic stress disorder, injuries resulting from violations of regulatory laws, workers compensation and subrogation.

    Cases include motor vehicle accidents with automobiles, motorcycles, big rigs, buses, pedestrians, multi-vehicle collisions, flying debris, product liability, premises liability, property damage due to floods, sewage back-up, exotic cars, buses, fire sprinklers, fires, bar fights, dog bites, toxic mold, manufacturing equipment, aircraft assembly, escape equipment, school altercations and assaults, inadequate supervision, escalator/elevator accidents, airlines, shopping centers, restaurants, office buildings, apartment buildings, factories, sports arenas, non-profit entities and government entities.
  • Plaintiff customer assaulted and battered by employee. Alleges negligent hiring, supervision and other claims against employer. Employee alleged to have exclaimed racial epithets prior to striking plaintiff with a metal pipe.
  • A bathroom mirror detached and shattered as plaintiff exited the shower causing serious injuries.
  • Medical damages from mold exposure and development of brain disease.
  • Plaintiff took his leashed dog out for a walk. A neighbor's dog was wandering the neighborhood and charged at plaintiff and his dog. Plaintiff pulled his dog away, but sustained a deep bite from one of the dogs.
  • Home healthcare provider attacked by dog. Serious, disfiguring injuries.
  • Plaintiff sustained low-impact rear-end motor vehicle collision. Among other injuries, plaintiff claimed lumbar spine injury with segmental dysfunction, 7mm foraminal protrusion, displacement of the nerve root requiring two surgeries. Demand exceeded $1 million.
  • Claim against a school district and teacher for negligence and negligent supervision arising from alleged physical abuse of a mentally challenged student. The case required sensitivity to the interests of the school district, the teacher, the student who still idolized the teacher, and the student's family.
  • Trip and fall of child out of second story window resulting in severe and permanent brain injury.
  • Complaint alleging negligence, negligent infliction of emotional distress and violation of Federal Aviation regulations against a major airline for wrongfully allowing an allegedly intoxicated passenger to board and serving him alcohol after which he sexually assaulted another passenger.
  • Numerous bar fights involving patron plaintiffs against business and individual defendants, resulting in severe injuries and substantial loss of earnings claims.
  • Action brought by a union tradesman setting up a convention center trade show who was run over by a golf cart sustaining severe, career ending injuries. Claims were against a subcontractor, city, convention center and event organizer, with complex workers' compensation issues.
  • Plaintiff and other nightclub concertgoers had their hands on the stage. Plaintiff alleged severe, permanent crush injuries against the nightclub and band when the lead singer jumped off equipment and landed on her hands. The case was complicated by the fact that plaintiff had started a career as a professional BMX bicycle racer.
  • Wrongful Death for delaying medical attention to a prospective military recruit in violation of government's safety procedures and regulations.
  • Multi-party motor vehicle accident involving the driver and passenger of a mobile food truck and another truck. In addition to injuries, one of the plaintiff's major property damage claims was the cost to upgrade the truck to comply with new governmental requirements, leasing another mobile food truck and storage fees.
  • Motor vehicle traveling on the freeway on a dark, rainy night, lost control and struck the center median. It stalled perpendicular to oncoming traffic, turned on its hazard lights but was struck by another vehicle. Subsequently, numerous other vehicles collided, with occupants sustaining major injuries. Complex insurance issues.
  • Slip and fall on water at entry to restaurant. Soft tissue injuries to cervical spine, lumbar spine, arm and shoulder requiring injections and possible surgery.
  • Rear end collision at "moderate" speed. Plaintiff underwent C3-C7 anterior cervical discectomy and fusion. Permanent restrictions and decompression surgery.
  • Minor plaintiff sustained a jaw fracture when the top of a gum ball machine fell on his head. Varied claims against multiple defendants.
  • Two pedestrians struck by motor vehicle. One sustained serious head injuries. The other sustained cervical, lumbar and bilateral knee injuries and deformity.
  • T-bone collision at intersection. Plaintiff sustained C4-C5 disc herniation and L4-L5 annular tear.Adult bicyclist drove over public road deviation causing him to fly off bicycle and sustain multiple serious head and leg injuries.
  • Motorcycle and car multi-vehicle serious accident which included concussion, brain injury, knee (with surgery), ankle, crushed toe with fracture and non-union, hip, shoulder (AC Joint separation).
  • Rear end collision. Claimant contends soft tissue and traumatic brain injury.
  • Federal inmate alleged he contracted Valley Fever while incarcerated in a federal prison which was privately operated. Plaintiff claimed life-long damages.
  • Numerous auto and big rig truck accidents with major injuries, loss of earnings, future damages and substantial Workers' Compensation Liens.
  • Major and minor rear-end collisions with back and other surgeries.
  • Plaintiff trip and fall over bolts protruding from sidewalk. Substantial injuries including fractured shoulder and thumb.
  • Motorcycle rider laid down his bike under big rig to avoid decapitation. Sustained multiple serious injuries.
  • School yard battery arising out of alleged inadequate security and supervision.
  • Plaintiff operating a bicycle was struck by a government vehicle, resulting in substantial medical injuries. Liability disputed.
  • Multi-party subrogation with policy limit issues.
  • Elderly woman tripped and fell on a mat improperly affixed to a church kitchen floor. Claims included injury for a fractured hip and elderly husband's loss of consortium.
  • Numerous slip and fall/trip and fall claims in specialty chain stores resulting in physical injuries and loss of earnings.
  • Slip on cardboard sign left on market ramp allegedly causing plaintiff patron head, back, leg and other injuries.
  • Plaintiff claimed inadequate security, lighting and serving alcohol to an intoxicated patron led to a bar fight in which plaintiff sustained severe head injuries and future plastic surgery.
  • Altercation with security in bar resulting in severe, permanent mouth and facial injuries to a professional saxophone player.
  • Alleged inadequate security resulting in bar fight when intoxicated patron tried to dance with plaintiff's girlfriend.
  • Plaintiff and her family claimed property damages and personal injury resulting from toxic mold about which property owner knew or should have known.
  • Plaintiff brought action against public transport company for injuries sustained when his wheel chair was not properly secured and overturned while he was being transported. Extensive pre- existing serious medical conditions alleged.
  • Plaintiff lived in an apartment next-door to a mentally ill patient and his brother who cared for him. One night, the patient broke in to plaintiff's apartment, attacked, him and plaintiff nearly died. Plaintiff claimed negligent supervision against the brother.
  • Fire engine responding to an emergency call was being operated in the opposite direction of travel. It collided with an elderly plaintiff turning left. Soft-tissue injuries superimposed upon alleged pre-existing medical conditions.
  • Multiple automobile drivers, passengers and pedestrians sustained serious to life-threatening injuries when an automobile turning left was broadsided by a fire engine. The fire engine then drove onto a sidewalk and landed on top of two people operating a golf cart for their employer. The entire case settled.
  • Plaintiff motorcycle officer responding to an emergency call. Defendant stopped in intersection after entering on a left turn signal. Plaintiff officer sustained soft tissue and dental injuries. Disputed liability. Workers' Compensation liens.
  • Homeless plaintiff regularly used the bowling alley restroom to clean up before offering paid lessons to customers. The bartender was alleged to have assaulted plaintiff causing him severe head and other injuries. The bartender was represented by his employer's counsel. When it was discovered during mediation that the bartender's actions were intentional, his counsel refused to indemnify him but only to defend. Notwithstanding, the entire case settled at mediation with the defendant bartender compensating plaintiff through creative techniques.
  • Elderly plaintiff in her eighties suffered a concussion, multiple fractures and severe injuries to head, body, arms and legs when she fell on a city sidewalk.
  • Plaintiff sustained an above-the-knee leg amputation when a vehicle jumped a curb and smashed into a storefront window. Plaintiff sued the owner/driver of the vehicle and the business owner for inadequate safety precautions.
  • Unauthorized disinterment and cremation of deceased. Allegations include negligence, violation of the Unruh Civil Rights Act (Civil Code section 51, et seq.), violation of Business and Professions Code section 17200, et seq. (unfair business practices), unlawful housing discrimination in violation of FEHA (Government Code section 12900, et seq.)
  • Premises liability for failure to provide adequate security alleged by plaintiff who was criminally assaulted in defendant's commercial parking lot.
  • Animal control officer mauled by five Pitbull dogs, resulting in serious personal injuries.
  • Sexual assault/battery of minor by school camp director during sleepover event.
  • Plaintiff operated a motorcycle on the freeway. Defendant changed lanes and struck plaintiff. Defendant had a $15,000 policy which was paid. Plaintiff sought the balance from his own $500,000 UIM policy. Claimed injuries included fractured toe, ankle, posterior cruciate ligament and meniscus tears, shoulder undersurface and labral tears, and cognitive impairment, post- concussion syndrome, coup-contra coup brain injury and residual cognitive issues. Plaintiff had prior motorcycle and bicycle accidents with several overlapping injuries including a significant prior closed head injury claim which plaintiff alleged had resolved. Plaintiff also had congenital deformities, degenerative issues, a history of Meniere's disease and depression.
  • Pre-litigation mediation involving rear-end motor vehicle collision. Plaintiff claimed numerous cervical and lumbar disc herniations for which epidural steroid injections and/or surgery were required.
  • Plaintiff's vehicle was rear-ended by another motor vehicle. She claimed whiplash, concussion, panic attacks and PTSD. Plaintiff had pre-existing severe psychiatric conditions for which she had been undergoing intensive treatment and prescribed psychoactive medications. She also had preexisting atypical Meniere's disease.
  • T-bone collision in a controlled intersection. Plaintiff complained of knee pain and possible lateral meniscus tear. Arthroscopic chondroplasty of the medial femoral condyle.
  • Slip and fall by plaintiff in a market. Damages were to hip, low back and knee including torn ACL and meniscus, and lost earnings. Defendants contended no actual or constructive notice, impeccable floor safety monitoring and electronic sweep logs, a discrepancy about where the accident occurred, and pre-existing injuries.
  • Dog bites to two plaintiffs: female plaintiff on her face; male plaintiff on his arm. Defendant contends that plaintiffs were warned to stay away from the dog and that they trespassed in an area where they were instructed not to go.
  • Rear-end collision while plaintiff stopped. Plaintiff claims she was pushed forward 10 to 15 feet and sustained head, cervical, shoulder, arm, thoracic, lumbar, chest, hips and leg injuries. Damages include medical, future medical and loss of earnings claims. Neurologic and neuropsychiatric assessments.
  • Claims against childcare facility and teachers for negligence and negligence per se for inadequate supervision, breach of policies and violation of statutes and regulations resulting in serious injuries to a minor child within its supervision, care and control.
  • Complaint alleging negligence, negligent infliction of emotional distress and violation of Federal Aviation regulations against a major airline for wrongfully allowing an allegedly intoxicated passenger to board and serving him alcohol after which he sexually assaulted another passenger.
  • Civil rights violation under 42 U.S.C. that agents used excessive force when they shot and killed decedent who they believed was trying to run down an agent.
  • Civil rights violation that officers used excessive force when they removed plaintiff from his bicycle while he participated in a protest.
  • United States Postal worker injured on the job while driving her mail truck. Fractured dominant hand, knee and chest contusions, finger deformity. Extensive Federal lien.
  • Plaintiff sustained injuries at a marine terminal when his vehicle was struck by a U.S. Customs and Border Patrol Officer. Plaintiff was injured in the course and scope of his employment as a longshoreman. His injuries and damages were compensated by the Longshore and Harbor Worker's Compensation Act and the SSA (2 liens).
  • Plaintiff traveling on green light. Defendant coming the opposite direction, attempted U-turn at intersection, causing plaintiff to strike curb and fire hydrant. Injuries alleged included thoracic outlet syndrome and low back disc herniation. Future surgery claims.
  • Rear end collision, moderate impact. Plaintiff claims disc herniation requiring epidural injections, nerve blocks, and two (2) level artificial disc replacements with possible future surgery for residual complaints.
  • Rear end collision. Admitted liability with major pre-existing injuries.
  • Two plaintiffs (no fault) injured in three car accident. Both defendants claimed no liability. Plaintiff's damages problematic.
  • Plaintiff exiting vanpool van, tripped and fell over truck lift gate. Defendants claimed she was walking backwards without looking. Worker's Compensation lien.
  • Multiple slip and fall accidents at major shopping malls. Sprained ankles, loss of earnings, other damages.
  • Plaintiff stopped. Vehicle impacted by stunt driver. Plaintiff sustained cervical, lumbar (with radiation), concussion and possible traumatic brain injury. Treatment minimal because undergoing invitro fertilization and subsequent breast feeding.
  • Plaintiff entered intersection on green light. Defendant ER vehicle (with lights flashing and siren) collided with Plaintiff. Plaintiff serious pre-existing medical issues overlapped with injuries from this accident.
  • Plaintiff rear ended, admitted liability. Prior allegedly more significant accident with similar injuries and degeneration.
  • Motor vehicle rear end collision. Plaintiff claims soft tissue injuries superimposed on asymptomatic degenerative conditions and significant psychological component.
  • Trip and fall plaintiff alleged to have substantial pre-existing injuries.
  • Motor vehicle accident, knee surgery.
  • Trip and fall in a gas station. Plaintiff sustained left arm dislocation and fractured wrist.
  • Bus driver alleged to have closed door on Plaintiff's leg. Pre-existing chronic back injuries. Plaintiff sustained exacerbation of back complaints, possible cervical and concussion.
  • Plaintiff fell in an uncovered manhole. Sustained head, back and other injuries.
  • Slip and fall on concrete. Medical complaints (low back) severe and ongoing.
  • Plaintiff motorcycle officer responding to an emergency call. Defendant stopped in intersection after entering on a left turn signal. Plaintiff officer sustained soft tissue and dental injuries. Workers' Compensation liens.
  • Third party entered plaintiff's boarding house private bedroom. An altercation ensued with plaintiff falling downstairs and being punched by the assailant, resulting in allegations of facial lacerations, soft tissue injuries, PTSD and other injuries.
  • Truck brakes failed causing wrongful death and major injuries. Plaintiffs allege that defendant's employee advised them that replacement part could be installed later and they could drive with faulty breaks to their starting location.
  • Trip and fall in parking lot by blind plaintiff.
  • Minor riding bicycle hit by vehicle.
  • Pedestrian walking dog struck by vehicle. Dog killed. Pedestrian soft tissue and knee injuries. Union employee with complex loss of earnings (professional studio artist).
  • Slip and fall by plaintiff in a market. Claimed injuries to hip, low back and knee including torn ACL and meniscus and lost earnings. Defendants contended no actual or constructive notice, impeccable floor safety monitoring and electronic sweep log, dispute where the accident occurred, and pre-existing injuries.
  • Rear end, low impact collision. Plaintiff serious pre-existing (i.e., congenital, short pedicles) condition. Lumbar surgery.
  • Trip and fall. Injuries alleged included two finger fractures, knee with arthroscopic surgery and low-back with radiation. Future injury claim.
  • Rear end collision at "moderate" speed. Plaintiff underwent C3-C7 anterior cervical discectomy and fusion. Permanent restrictions and decompression surgery.
  • Motor vehicle accident involving three vehicles. Plaintiff passenger in middle car claims major neck injuries. Defendant policy apportioned. Mediation of underinsured motorist, pre-arbitration claim.
  • Plaintiff paraplegic denied access to compliant restroom and parking space. He allegedly fell due to debris that got stuck in his wheelchair wheels. Claimed injuries due to violation of Title II of ADA, 3504 Rehabilitation Act and California Disabled Persons Act.
  • Automobile struck plaintiff operating a bicycle. Injuries included fractured foot requiring surgery, possible RSD and CRPS. Loss of earnings.
  • Bus mirror struck back of Plaintiff pedestrian's head. Claimed traumatic brain injury.
  • Truck vs. truck accident. Liability and damages disputed. Plaintiff claims lumbar surgery required. Defendant alleges degenerative pre-existing injuries and pre-accident surgery recommended.
  • Plaintiff fell as she was attempting to board a bus. Disputed liability and damages.

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Product Liability

  • Allegations of defective manufacture and design of motor vehicle parts, airplanes, helicopters, oil rig escape devices, commercial equipment, assault weapons and a variety of consumer products.
  • Minor plaintiff sustained a jaw fracture when the top of a gum ball machine fell on his head. Varied claims against multiple defendants.
  • Alleged improper manufacture, design, and assembly instructions of Geronimo seat, utilized to escape oil rigs, resulting in serious injuries to plaintiff.
  • A bathroom mirror detached and shattered as plaintiff exited the shower causing serious injuries.
  • Plaintiff and her finance were shooting at bottles when a shell from a semi-automatic assault rifle misfired, striking plaintiff in the face. Cross-complaint by defendant against finance.
  • Drinking glass shattered in plaintiff's hand causing serious injuries.
  • Alleged defective pottery kiln that exploded, causing severe burns to plaintiff and teacher.
  • Inadvertent acceleration of motor vehicle allegedly resulting in wrongful death of driver and major injuries to passenger children.
  • Alleged defective baby gate causing fractures and other serious injuries to infant child who fell down flight of stairs. Cross-complaint against father for improper assembly.
  • Wrongful death of worker by explosion of allegedly defective paper manufacturing equipment.
  • Alleged defective helicopter causing blades to decapitate pilot.
  • Numerous claims against forklift manufacturers for alleged defective design, manufacture, assembly, and operating instructions.

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Real Estate/HOA

  • Mediated commission disputes, residential, commercial and industrial development and construction disputes, permanent financing acquisitions, leasing, condominiums, shopping centers, office buildings, commercial and industrial centers, homeowner's associations, CC&Rs, title and insurance, foreign transactions, environmental matters, quiet title, equitable subrogation, indemnity and liens, tortious interference with contractual agreements and fraudulent conveyances of real property.

    Additionally, mediated multiple landlord-tenant disputes involving alleged retaliatory tenant eviction, breaches and interference with lease agreements.
  • Plaintiff leased a home in Malibu. She claimed numerous defects and after continuing to live there several months, demanded a full refund of her prepaid one-year security deposits and damages for fraud, value of her services in overseeing repairs and personal injury.
  • Real property held in trust was fraudulently conveyed to the first purchaser (#1). #1 improved the property, paid off loans and resold to a bona fide purchaser (#2). Beneficiary of trust (who was incarcerated) through a successor trustee brought action to void original sale. Multiple cross-complaints among the four parties.
  • Breach of contract, quantum meruit against an escrow company for paying the entire amount of a disputed real estate commission to one of its affiliates. Complaint for tortious interference with a commission agreement against other real estate broker.
  • Assault, battery and negligence claims between neighboring homeowners.
  • Trespass, Wrongful Cutting and Removal of Timber (Civil Code Section 3346(A); Code of Civil Procedure Section 733), Conversion, Negligence for cutting and stripping down nearly 40-year- old trees.
  • HOA claim for property damage of condominium arising out of water intrusion from an adjacent condominium.
  • Alleged improper design and reconstruction of public park caused flooding of neighborhood. Claims against contractor, subcontractors, architect and designers by dozens of adjoining property owners for damages.
  • Claims of breach of loan agreement, breach of guaranty, declaratory relief, fraudulent transfer and accounting of rents and profits for defendant's transfer of interests in personal property and leases without sufficient value to prevent plaintiff's foreclosure of its security interest.
  • Plaintiff sought payment of real estate commission from escrow company which allegedly disbursed commission to a third party without authority.
  • Multiple complex neighbor disputes regarding boundary lines.
  • Alleged interference with Blue Sky laws when neighbor construction blocked ocean view of adjacent Malibu property.
  • Landlord-tenant disputes including alleged retaliatory tenant eviction, breaches and interference with lease agreements.
  • Fraudulent conveyance of real property.
  • Lis pendens against seller who reneged on real estate purchase contract and cross-complaints for real estate broker commissions.
  • HOA claim against neighbor who had wild parties on the top of a condominium building.
  • Disabled tenant requested accommodation that was denied and later ignored. Plaintiff claimed FHAA, FEHA, CDPA violations.
  • Breach of contract and fraud against a contractor for damages arising from the alleged failure to develop and construct residential structures on two real property parcels.
  • Portion of ceiling fell on plaintiff while she was taking a shower. Plaintiff claims injuries and habitability issues, including (1) sewage backup into bathtub; (2) failure to replace carpet; (3) failure to pain unit; and (4) roach infestation.
  • Plaintiff and defendant entered into a real estate purchase contract with a liquidated damages clause. Plaintiff purchasing property as a re-sale and required architect access. Plaintiff required extension and granted for non-refundable fee. Plaintiff requested additional extension that was denied. Transaction cancelled. Case involved amount of returnable deposit.
  • Real estate dispute regarding lease back offer in sale of home.
  • Six (6) commercial real estate leases. Defendant abandoned premises before end of terms. Plaintiff alleged breach of leases and fraudulent transfer of assets.
  • Plaintiff claimed windstorm roof damage. Insurance company denied claim due to pre-existing damage. Bad faith alleged for failure to properly inspect property.

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Wage & Hour

  • Many cases involving issues of wage, hour and commission violations, unpaid overtime, pre- judgment interest, unreimbursed expenses, unpaid bonuses, unpaid commissions, failure to provide meal and rest periods, statutory penalties, improper pay stubs, failure to pay all wages due at termination, inaccurate or non-existing itemized wage statements, lost social security and Medicare tax contributions, lost unemployment compensation, misclassification, mandatory live- in arrangements and attorney's fees. Disputes are sometimes single and multi-party lawsuits, certified as class actions and brought forth under PAGA.
  • Employers allegedly failed to provide uninterrupted meal periods or breaks, adequately compensate employees for overtime, failed to record and maintain accurate payroll records, timekeeping records and itemized wage statements.
  • Disability discrimination, failure to accommodate, retaliation, wage and hour, unpaid meal and rest breaks, overtime, late pay, penalties, liquidated damages, PAGA Claims.
  • Employee alleged wrongful termination for violation of public policy, waiting time penalties, attorney fees and costs when terminated after discussing pay reduction with other employees. Employer claimed there were economic reasons for its staff reductions and "good cause" for plaintiff's termination.
  • Employer claimed business was winding down and presented long-term employee with a proposed separation and release agreement. Employee refused to sign and brought lawsuit for numerous wage and hour Labor Code violations.
  • Alleged five-year misclassification of employee as independent contractor resulting in unpaid overtime wages, statutory penalties, lost social security and Medicare tax contributions, lost unemployment insurance compensation, emotional distress damages (due to assault on employee's last day of employment), attorney's fees and costs.
  • Plaintiff, employed as a Class A driver, was severely injured on the job. He filed a Worker's compensation claim and was on a disability leave of absence. While on leave, his trailer was emptied of his personal belongings. Plaintiff returned to work but was not given any driving assignments. Plaintiff claimed constructive termination, failure to engage in the interactive process, failure to accommodate, disability discrimination and wage and hour violations.
  • Claims by employees for wage, hour and commission violations against a major department store chain. Case settled at mediation prior to certification of class.
  • Class action by restaurant employees for wage, hour and commission violations.
  • Residential caregiver for the elderly who alleged inadequate staffing and no right to engage in normal private pursuits entitled him to Federal overtime, sleep time, no deductions for meals

    and lodging, liquidated damages, prejudgment interest, California minimum wage overtime, Private Attorney General Act compensation, penalties, attorney's fees and costs.
  • Two plaintiffs allege wage, hour, overtime, travel, mileage and other expenses against their former employer, a dog groomer.
  • Wage and hour claims by allegedly misclassified employees of a nighttime telephone sex business.
  • Plaintiff employed from 2011–2016 claims wage and hour reimbursement violations by Defendant employer.

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