2013

Payne& Fears LLP Obtains Summary Judgment Win for Employer in Wrongful Termination/Disability Discrimination Case

Payne & Fears LLP won a wrongful termination case by obtaining summary judgment for its client, a nationwide retail department store, in Los Angeles County Superior Court.  The plaintiff, a former manager, alleged that his employer violated the Fair Employment and Housing Act and the California Family Rights Act by terminating his employment days after he returned to work from a medical leave.  In its motion for summary judgment, Payne & Fears argued that there was no causal nexus between plaintiff’s termination and his disability and medical leave, and that the employer...

Practice areas: Labor and Employment Litigation

Attorneys: Leila S. Narvid

2013

Payne & Fears LLP Obtains Summary Judgment Victory for Retail Client

Payne & Fears LLP obtained an order granting summary judgment in favor of its client, a nationwide retail department store, in a public accommodations lawsuit alleging claims under the Americans with Disabilities Act, the California Disabled Persons Act, and the Unruh Civil Rights Act. Under California law, prevailing plaintiffs in public accommodations cases can obtain injunctive relief and attorneys’ fees, as well as actual, punitive and statutory damages. This has given rise to a cottage industry of “professional plaintiffs” with sue-and-settle tactics that have been largely...

Practice areas: Labor and Employment Litigation

Attorneys: Leila S. Narvid

2013

Payne & Fears LLP Obtains Summary Judgment Win for Employer in Wrongful Termination/Harassment Case

Payne & Fears LLP won a wrongful termination case by obtaining summary judgment for its clients, a publicly-traded employer and an individual manager, in Los Angeles County Superior Court. In Santoria Bell v. Corinthian Colleges, Inc. et al., the plaintiff alleged that Payne & Fears' clients had harassed and discriminated against her, and had ultimately discharged her after she made complaints. In a motion for summary judgment, Payne & Fears presented evidence establishing that no harassment had occurred, that the plaintiff had been treated no differently from any...

Practice areas: Labor and Employment Litigation

Attorneys: Alejandro G. Ruiz, Jeffrey K. Brown

2012

Payne & Fears LLP Obtains Defense Verdict in Race Harassment/Retaliation Case

Payne & Fears LLP won a complete defense verdict for its clients, an employer and an individual supervisor, in a race harassment and retaliation case in Los Angeles County Superior Court.  In White v. Corinthian Colleges, Inc., et. al., the plaintiff alleged that her employer and supervisor had subjected her to discrimination and harassment over a period of two years, and that they retaliated against her for making complaints about the alleged conduct.  She also alleged that she had been assaulted  and battered by having a lock of her hair cut off at work, and...

Practice areas: Labor and Employment Litigation

Attorneys: Alejandro G. Ruiz, Jeffrey K. Brown

2012

Payne & Fears LLP Wins Important Victory for Homebuilder in Insurance Coverage Dispute

Payne & Fears LLP won an important victory for its homebuilder client in an insurance coverage dispute when a federal district court rejected the insurer's attempt to control a construction defect lawsuit after the insurer reversed its coverage denial.

In Travelers v. Centex II, Travelers filed suit against Centex in the Northern District of California, seeking a judicial declaration that it was entitled to control Centex's defense of several construction defect lawsuits, including two cases where Travelers had previously denied Centex's claims.  Despite its...

Practice areas: Insurance Coverage

Attorneys: Jeffrey M. Hayes , J. Kelby Van Patten

2012

Payne & Fears LLP Obtains Defense Verdict in Employment Discrimination Case

Payne & Fears LLP won a defense verdict for its client in an employment discrimination case, Massoud v. Corinthian Colleges, Inc., following an eight-day trial in Los Angeles County Superior Court. The plaintiff alleged that she had been discriminated against based upon her age, and then terminated because of her age and in retaliation for making complaints about alleged discrimination.  Payne & Fears LLP presented evidence on behalf of her employer that it had terminated the plaintiff for reasons having nothing to do with her age or with any alleged complaints...

Practice areas: Labor and Employment Litigation

Attorneys: Jeffrey K. Brown , Rachel Warren

2012

Payne & Fears LLP Obtains Summary Judgment Win for Employer in Wrongful Termination Case

Payne & Fears LLP obtained a summary judgment in favor of its client, a major national education provider, in a wrongful termination action before the United States District Court for the Central District of California. The plaintiff, a former employee of Payne & Fears' client, alleged that the employer had violated the Family Medical and Leave Act and wrongfully terminated her in violation of public policy.  In its motion for summary judgment, Payne & Fears LLP presented evidence on behalf of her employer showing that it had complied fully with its obligations under the...

Practice areas: Labor and Employment Litigation

Attorneys: Alejandro G. Ruiz, Jeffrey K. Brown

2012

Payne & Fears LLP Obtains Summary Judgment for Major Title Company

On March 30, 2012, Payne & Fears LLP obtained summary judgment in favor of its client, a major national title company, in an alleged Truth in Lending Act violation matter in the United States District Court for the Northern District of California.  The plaintiffs alleged that a bank had failed to provide the plaintiffs with the proper disclosures in connection with the refinancing of plaintiff's property in 2008 and the closing documents had been altered without the plaintiff's consent.  The bank had in turn filed a third party complaint against the title company,...

Practice areas: Business Litigation

Attorneys: Daniel M. Livingston

2012

Payne & Fears LLP Wins Major Jury Verdict for Estancia Coastal LLC

Payne & Fears LLP won nearly $10 million in a jury trial in the San Diego Superior Court which concluded on December 27, 2011, on behalf of Estancia Coastal LLC.  Estancia Coastal LLC is a subsidiary of TriPacific Capital Advisors, an investment advisor to the Los Angeles County Employees Retirement Association.  Judge Thomas P. Nugent presided over the trial.

Estancia had entered into a "land banking" transaction with KB Home, a publicly held homebuilder, for a residential housing project in San Diego County.  When the real estate market collapsed, KB Homes...

Practice areas: Business Litigation

Attorneys: Daniel M. Livingston, Thomas L. Vincent

2011

Persistence Pays Off for Home Builder

A home builder client of the firm was recently sued for alleged non-disclosure and fraud in the California Superior Court based on allegations that the home builder misrepresented the sales prices of other homes sold in the new home community and conspired with the lender and appraiser to inflate the appraised value of the home purchased by the plaintiffs.  The home builder denied all allegations of wrongdoing, believing that the accusations against it were unwarranted.  Payne & Fears LLP vigorously defended the action by persistently attacking the allegations in the...

Practice areas: Construction Law and Litigation, Business Litigation

Attorneys: Erik M. Andersen, Thomas L. Vincent