Firm Victories on Behalf of Defendants

Resigning Employee Loses Claim for Extra Benefits

Calvin House and Paul DiPietro won a court trial on a claim by a resigning employee that he was entitled to an enhanced severance package because he hoped to save the job of on of his fellow employees. They convinced Judge Michael Vicencia in the Long Beach Superior Court that the employee had submitted his resignation without conditioning it on saving another employee’s job. Ofilas v. Molina Healthcare, Inc. Case No. NC061472 (L.A. Superior Ct. Oct. 29, 2018).

School District Not Liable for Assault on Campus

Art Preciado was part of a trial team that defeated a wrongful death lawsuit brought on behalf of a student who was stabbed to death on a middle school campus. The jury decided that any negligence there may have been on the part of school staff did not cause the assault. Rather, the attacker was the sole cause of the death. Gonzalez v. Los Angeles Unified School District, Case No. BC597032 (L.A. Superior Ct. May 15, 2018).

Whistle Blower Claim Dismissed

Nohemi Ferguson obtained summary judgment on a whistle blower claim by a county employee. Although the employee had complained about the way that her employer had treated two vendors, Mrs. Ferguson showed that there were legitimate reasons for the employer’s actions. Hays v. County of Los Angeles, Case No. BC655988 (L.A. Superior Ct. Mar. 22, 2018).

Age and Disability Discrimination Claims Defeated

Nohemi Ferguson and Nicholas Weiss successfully challenged a pharmacy supervisor’s claims that he was the victim of age and disability discrimination. Their summary judgment motion showed that his employer had discharged him for misconduct. Shah v. County of Los Angeles Department of Health Services, Case No. BC637238 (L.A. Superior Ct. Mar. 22, 2018).

Jury returns Defense Verdict on Whistle Blower Claim

Nohemi Ferguson convinced a Superior Court jury that a psychiatrist was discharged, not because she complained about violations of patient rights, but because she had committed many violations of the employer’s anti-discrimination policy. Sepah v. County of Los Angeles, Case No. BC622387 (L.A. Superior Ct. Feb. 26, 2018).

School District Is Not Required to Ban Processed Meat

A public interest group filed a lawsuit seeking to compel a school district to eliminate processed meat from its school lunch menus. Art Preciado had the lawsuit dismissed at the pleadings stage, because there is no law that imposes a ministerial duty to take such action. Physicians Committee for Responsible Medicine v. Los Angeles Unified School District, Case No. 30-2017-00013190 (San Diego Superior Ct. Dec. 15, 2017).

Jury Nixes Failure to Promote Claim

Calvin House won a defense verdict on a claim that a systems analyst was not promoted because she had filed an earlier race discrimination lawsuit. He convinced the jury that the qualifications of the candidates who were promoted justified the decision not to promote the plaintiff. Stewart v. County of Los Angeles, Case No. BC 579814 (L.A. Superior Ct. Jun. 14, 2016).