Notable Results
The following are representative results obtained by the Law Offices of Brian M. Brown on behalf of clients in employment, business litigation and appellate and qui tam matters throughout Orange County and Southern California.
LABOR & EMPLOYMENT
Buckman v. City of Los Angeles
Los Angeles Superior Court Case No. BC697003. Court of Appeal, Second District, Case No. B305192
Mr. Brown represented former City of Los Angeles employee Shirin Buckman in a retaliation claim arising from her termination shortly after returning from medical leave taken under the Family Medical Leave Act and California Family Rights Act. Following a 15-day bench trial, the trial court entered judgment for Ms. Buckman on her retaliation claim and two related wage claims, and awarded statutory attorneys' fees.
The City appealed. The Court of Appeal affirmed the retaliation judgment, finding substantial evidence supported the trial court's determination that Ms. Buckman's termination — which followed her return from protected leave by nine days — was retaliatory, and that the City's stated reasons for termination were pretextual. The wage claims and associated fee award were remanded for further proceedings. On remand, the matter resolved by negotiated settlement.
Total recovery for the client, inclusive of damages, statutory attorneys' fees, expert witness fees, costs, and accrued interest: $2,310,651.82.
BUSINESS LITIGATION
The Reynolds Group v. Universal Molding Company
Orange County Superior Court Case No. 30-2012-00543932. Court of Appeal, Fourth District, Case No. G052000
Mr. Brown represented The Reynolds Group, an environmental consulting firm, in an action to recover unpaid fees for environmental testing and remediation services performed on commercial real estate in Fullerton. Following a 12-day court trial, judgment was entered in favor of The Reynolds Group for $156,290.93 in compensatory damages plus prejudgment interest, and included foreclosure of a mechanic's lien on the subject property. The defendant's cross-complaint for breach of contract and misrepresentation was rejected in its entirety.
Universal Molding Company appealed on four grounds, including jury waiver, evidentiary rulings, and judicial bias. The Court of Appeal affirmed the judgment in full and awarded The Reynolds Group its costs on appeal.
Total recovery, inclusive of damages and prejudgment interest as reflected in the judgment: $221,212.51, plus costs of suit and costs on appeal separately awarded.
APPEALS
U.S. ex rel. Ali v. Daniel, Mann, Johnson & Mendenhall
355 F.3d 1140 (9th Cir. 2004)
Mr. Brown represented the relator in a False Claims Act qui tam action alleging that a private construction management firm knowingly submitted false claims to FEMA for earthquake-related repairs at California State University, Northridge. The district court granted summary judgment for the defendant on sovereign immunity grounds. The Ninth Circuit reversed, holding that a private corporation performing government-related functions is not entitled to sovereign immunity from FCA liability, and that the relator had raised triable issues of fact as to the defendant's knowledge.
Disclaimer
Prior results do not guarantee a similar outcome. Results may vary depending on the facts, circumstances, and legal issues involved in each matter.