STATE COURT JURY AND BENCH TRIALS
Salinas v. Imperial Irrigation District (2014)
Riverside County Superior Court, Case Number RIC 10017367
Won Bench Trial in Class Action Wage and Hour Lawsuit on State Minimum Wage Standby and Federal Overtime Claims
Successfully defended a wage and hour class action lawsuit filed by current and former employees alleging violations of California minimum wage and Fair Labor Standards Act (FLSA) overtime requirements. The plaintiffs sought millions of dollars in alleged unpaid wages, liquidated damages and penalties under the Private Attorneys General Act (PAGA). We filed a successful motion for summary adjudication as to all of the FLSA claims that resulted in the dismissal of a conditionally certified class of hundreds of employees. We thereafter successfully defended the District in a five-week bench trial in Riverside Superior Court. The case resulted in the Court entering judgment in favor of the District and against the class for minimum wage for time spent on standby duty and PAGA penalties.
Brookes v. Palomar Community College District (2004)
San Diego County Superior Court, Case Number GIN 030374
Won Jury Trial in Discrimination and Retaliation Lawsuit
Successfully defended the District in a jury trial in San Diego Superior Court. The discrimination lawsuit alleged numerous claims based on disability, failure to engage in the interactive process, retaliation and violations of the California Family Rights Act. The case resulted in a defense verdict on all claims.
PUBLISHED COURT OF APPEAL DECISIONS
Basurto v. Imperial Irrigation District (2012) 211 Cal. App. 4th 866
Prevailed in the Court of Appeal in Discrimination Lawsuit
Successfully defended a lawsuit brought by a former employee challenging his termination. Following an evidentiary hearing, the employee filed a petition for writ of mandate in Imperial County Superior Court seeking to set aside his termination. He also filed a discrimination lawsuit. The trial court denied the writ of mandate and granted summary judgment in favor of the District, dismissing the lawsuit, because the employee had failed to raise issues of discrimination in the administrative proceedings. The Fourth District Court of Appeal upheld summary judgment on the grounds of res judicata and collateral estoppel (the employee did not appeal the denial of his writ of mandate).
Versaci v. Palomar Community College District (2005) 127 Cal. App.4th 805
Prevailed in the Court of Appeal in Public Records Act Case
Successfully defended a lawsuit filed by the faculty union president under the Public Records Act seeking to obtain the performance goals and objectives of the president of the District. This was a case of first impression under the Public Records Act. We prevailed at the trial court level, and successfully opposed appeal to the Fourth District Court of Appeal. The California Supreme Court denied review resulting in this case becoming precedent in California upon which college and school district administrators with employment contracts can rely to protect sensitive performance evaluation information.
Spanner v. Rancho Santiago Community College District (2004) 119 Cal. App. 4th 584
Prevailed in the Court of Appeal in Classified Employee Discipline Case
Successfully opposed appeal to the Fourth District Court of Appeal of classified supervisor who was permanently demoted for unprofessional behavior including using racial epithets.
Orange Unified School District v. Rancho Santiago Community College District (1997) 54 Cal. App. 4th 750
Prevailed in the Court of Appeal in Case Involving Adult Education Programs
Successfully defended the Rancho Santiago Community College District in the appeal of an order sustaining our demurrer, without leave to amend. The Court of Appeal held that the Education Code does not require community college districts to obtain mutual agreements with school districts to offer non credit adult education programs or to receive apportioned funding for those programs.
UNPUBLISHED COURT OF APPEAL DECISIONS
Peterson v. San Bernardino Community College District (2010)
Fourth District Court of Appeal, Division Two, Case Number E048390
Filed successful motion for summary judgment which resulted in the dismissal of a lawsuit challenging the qualifications of a community college instructor/administrator and the District’s receipt of state funding based on those qualifications. On appeal, the Fourth District Court of Appeal upheld the trial court’s dismissal on the ground that the instructor/administrator was qualified for the positions that she held with the District in compliance with applicable Education Code and Title 5 provisions.
Lahijani v. Palomar Community College District (2007)
Fourth District Court of Appeal, Division One, Case Number D048243
The Court of Appeal upheld the trial court’s denial of a writ of mandate brought by a contract faculty member challenging the District’s decision to deny her tenure.
Candido v. National School District (2004)
Fourth District Court of Appeal, Division One, Case Number D041512
The Court of Appeal held the trial court properly exercised its discretion to deny a former employee’s motion to vacate the dismissal of her lawsuit.
Turlock Joint Elem. School District v. Public Employment Relations Board (2003)
Fifth District Court of Appeal, Case Number F041187
The Court of Appeal granted the District’s request for a writ of mandate against the PERB, holding that a school district could prohibit teachers from wearing union buttons in the classrooms in front of pupils during instructional times. “The first rule of teaching should be that teachers shall teach. A classroom is not a place for proselytizing students to advance a teacher’s financial interests. Nor should a classroom be transmogrified into a teacher’s soapbox.”
Walker v. Central Union High School District (2000)
Fourth District Court of Appeal, Division One, Case Number D034626
The Court of Appeal upheld the trial court’s dismissal of an employment discrimination complaint since it was not brought in a timely manner.
Costello v. Cajon Valley Union School District (1999)
Fourth District Court of Appeal, Division One, Case Number D030776
The Court of Appeal upheld the trial court’s ruling in favor of the District on a petition for writ of mandate brought by the District’s former superintendent contesting the termination of his contract.
FEDERAL DISTRICT COURT DECISIONS
Killian v. Grossmont Cuyamaca Community College District (2006)
United States District Court, Southern District, Case Number 06cv0393 BTM (NLS)
Successfully obtained dismissal of federal (and state) lawsuits brought by student alleging disability discrimination.
STATE TRIAL COURT DECISIONS
Ortega v. Mt San Jacinto Community College District (2013)
Riverside County Superior Court, Case Number MCC1300174
Successfully defended a lawsuit brought by the District’s former Police Chief claiming his termination violated the Public Safety Officers Procedural Bill of Rights Act (POBRA) and various Education Code provisions. Following an administrative appeal hearing, the District’s termination of the Chief of Police was upheld by a neutral hearing officer. The Riverside Superior Court denied the Police Chief’s writ of mandate.
Stevens v. Grossmont Cuyamaca Community College District (2008)
San Diego County Superior Court, Case Number GIE034108
Successfully defended a discrimination lawsuit brought by a long term faculty member challenging the District’s failure to select him for an administrative position. The Court granted summary judgment as to all claims in the discrimination lawsuit.
Sousa v. San Bernardino Community College District (2007)
San Bernardino County Superior Court, Case Number CIVSS 701511
Filed successful demurrer to a complaint filed by a former adjunct faculty member alleging breach of contract and violation of public policy in connection with the District’s decision not to rehire him.
Voth v. Palomar Community College District (2005)
San Diego County Superior Court, Case Number GIN041759
Filed successful SLAPP motion that dismissed defamation lawsuit brought by a faculty member against the District. Recovered attorney’s fees and costs for the District.
Romero v. San Bernardino Community College District (2004)
San Bernardino County Superior Court, Case Number SCVSS 106182
The Court denied a writ of mandate brought by a former administrator seeking to set aside the termination of his employment contract on grounds that he was denied due process.
Black v. Acalanes Union High School District (2003)
Contra Costa County Superior Court, Case Number C 03-02066
The Court sustained the District’s demurrer to a wrongful termination and breach of contract lawsuit brought by a former teacher challenging her non-reelection to a probationary position.
Aponik v. Burbank Unified School District (2003)
Los Angeles County Superior Court, Case Number BC 281215
The Court sustained the District’s demurrer to a complaint filed by the District’s former superintendent challenging the termination of his employment contract.
Goyer v. Palomar Community College District (2002)
San Diego County Superior Court, Case Number GIN 011129
The Court sustained the District’s demurrer to a sexual harassment complaint filed by a former employee on the ground that she failed to comply with the Government Tort Claims Act.
Paisner v. Palomar Community College District (2001)
San Diego County Superior Court, Case Number GIN011211
The Court sustained the District’s demurrer to a discrimination complaint filed by a student employee.
Doerfel and Cross v. Palomar Community College District (2001)
San Diego County Superior Court, Case Number GIN 007631
The Court denied a writ of mandate brought by adjunct faculty members seeking permanent/tenured status based on their teaching load.
EMPLOYEE DISCIPLINE AND TERMINATION
We routinely represent public agencies in employee discipline proceedings. We have successfully prosecuted numerous classified employee discipline cases for community college and school districts before neutral hearing officers.
We also represent our clients in dismissal proceedings involving permanent certificated employees of school district and community college faculty members:
San Bernardino Community College District (2013)
Dismissal of Permanent Faculty Member for Cause
Successfully dismissed long-term permanent faculty member on grounds of dishonesty and persistent failure to follow rules, regulations and laws of the state.
National School District (2012)
Dismissal of Permanent Teacher for Cause (OAH Case No. 2011080009)
Successfully dismissed permanent certificated employee on grounds of unprofessional conduct, unsatisfactory performance and evident unfitness for service.
Placer Union High School District (2011)
Dismissal of Permanent Teacher for Cause
Successfully dismissed permanent certificated employee on grounds of evident unfitness for service.
Placer Union High School District (2010)
Dismissal of Permanent Teacher for Cause
Successfully dismissed permanent certificated employee on grounds of unprofessional conduct and evident unfitness for service.
Mt. San Jacinto Community College District (2010)
Dismissal/Non-Reemployment of Contract Faculty Member
Successfully dismissed/non reemployed second year contract faculty member.
Mt. San Jacinto Community College District (2010)
Dismissal/Non-Reemployment of Contract Faculty Member
Successfully dismissed/non reemployed fourth year contract faculty member.
San Bernardino Community College District (2008)
Dismissal of Fourth Year Contract Faculty Member for Cause
Successfully dismissed fourth year contract faculty member on grounds of evident unfitness for service.
Palomar Community College District (2005)
Dismissal of Permanent Faculty Member for Cause
Successfully dismissed permanent faculty member on grounds of conviction of a felony.
San Bernardino Community College District (2002)
Dismissal/Non-Reemployment of First Year Contract Faculty Member (OAH Number 2002040050)
Successfully dismissed/non reemployed first year contract faculty member.
Lompoc Unified School District (2003)
Dismissal of Permanent Teacher for Cause (OAH Case No. 2002-06060)
Following two-week evidentiary hearing, obtained dismissal of permanent certificated employee, with over 25 years of service, on grounds of unprofessional conduct, incompetency and evident unfitness for service.
LABOR ARBITRATIONS
Imperial County Office of Education/Teachers Association (2009)
Successfully arbitrated grievance brought by Teachers Association claiming part-time temporary teachers should be in the bargaining unit.
National School District (2010)
Successfully arbitrated grievance brought by a certificated employee challenging her suspension under the discipline procedures in the bargaining agreement.
Rancho Santiago Community College District (2005)
Successfully arbitrated grievance brought by the CSEA claiming denial of overtime pay.
San Bernardino Community College (2002)
Successfully arbitrated grievance brought by faculty member claiming improper placement on the salary schedule.
San Bernardino Community College District (1998)
Successfully arbitrated grievance brought by faculty member claiming documents were improperly placed in his personnel file.
SPECIAL EDUCATION
Holtville Unified School District (2005)
Prevailed on all claims following a special education due process hearing alleging the District violated the IIDEA when it expelled a student with special needs.
OTHER ADMINISTRATIVE HEARINGS AND PROCEEDINGS
We routinely represent our clients in other types of proceedings and hearings such as certificated layoffs. In 2003 we prevailed in fourteen certificated layoff hearings for school districts in Imperial, San Diego, Santa Barbara, Placer and Contra Costa counties. We also routinely represent our clients in unfair labor practice matters and fact-finding proceedings before the Public Employment Relations Board. In addition, we provide legal representation in many student expulsion cases. We also represent employers in wage and hour disputes before the Division of Labor Standards Enforcement.