Mediator  •  Arbitrator

  • Putative class sued employer and general contractor for unpaid wages and PAGA penalties. Employer sued general contractor for withholding contract payments. Employer sued his joint venture partner for contribution. One of the complaints was settled for a six-figure sum; other cross-complaints are ongoing.

  • Putative class claimed that employees were not paid for breaks and lunch.

  • Wage and hour class action against a national bank. This case actually consists of 3 cases. Class numbers 28,643 persons, who were employed by the bank as personal bankers. Case involves both state and federal claims.

  • Class action in which plaintiffs contend that defendant, a state employer, entered into contracts by implication with its employees, promising to provide them state-sponsored medical benefits. The state defendant allegedly breached this implied contract by entering new management contract with a federal agency who would take over providing retirement medical benefits for ex-employees, which apparently were worse than those provided by the state. Plaintiffs sought peremptory writ of mandate directing the state to restore state-sponsored group health coverage to class members and their families and also requests that the state be directed to provide restitution and damages, with interest, for any losses suffered as a result of the impairment of their contractual rights.

  • Class action case alleging that defendants (who ran nursing facilities) committed unfair business practices and violated Consumer Legal Remedies Act by advertising to clients that they provided skilled nursing care, when in fact they persistently failed to maintain statutorily required staffing levels and otherwise failed to provide adequate care. Parties reached settlement.

  • Wage and hour class action case involving workers who staff various events (as usher, ticket taker, parking attendant, etc.). There are 3,699 class members, consisting of non-exempt employees of defendants. Plaintiffs primarily alleged that they did not receive meal and rest breaks, and that they weren't paid for all hours worked because they had to show up for work as much as an hour before they were paid to punch in.

  • Wage and hour class action involving truck drivers. Class has 389 members, consisting of all defendant's non-exempt drivers in California. The drivers claimed that they were not given rest or meal breaks and worked through meal periods without compensation.

  • Handled wage and hour class action case with 233 class members against defendant marketing company. Court granted preliminary approval of class action settlement.

  • Handled a consumer class action for placing unsupported information regarding health benefits on the labels of coconut oil. Labels were changed immediately after the company received CLRA notice, but the litigation was necessary anyway in order to get the defendant's insurer involved.

  • In a nationwide consumer class action seeking recovery of travel-related insurance premiums, the court granted motions for summary judgment on issues of conversion, heard and decided the trial in two phases covering contract interpretation and the conduct of the parties. All of the court’s decisions were upheld on appeal.
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CLASS ACTION

Hon. George Hernandez (Ret.)