The Law Offices of Barnum & Avila have successfully defended and represented its employer clients in numerous legal actions. Samples of these litigation results include the following:
Webber v Sconza. Superior Court of California, County of Solano, Case No. FCS 025860. Claims for hostile work environment, retaliation, sexual harassment, discrimination, and wrongful termination by former employee, Plaintiff claimed more than $1,000,000 in damages. Jury verdict in favor of Client Defendants
Accurate Air v Palmer. Superior Court of California, County of Napa, Case No. 26-30933. Claims by Plaintiff of negligent hiring, battery, negligent retention. Jury verdict in favor of Client Defendants
Tan v Art of Caregiving Services. Superior Court of California, County of Solano, Case No. FCS056168. Claim against Defendant for alleged breach of contract and payment for services. Judgment in favor of Client Defendant following trial.
Johnson v Mariano. United States District Court, Eastern District of California, Case No. CV-02334-MCE-GGH. Obtained complete dismissal of complaint for alleged denial of Civil Rights of Public Facilities to physically disabled persons under the Americans with Disabilities Act.
McMahon v Heart N’Soul Tax Services of Vallejo, Inc.
Superior Court of California, County of Fresno, Case No. 07CECG02871. Claim by former employee for travel expenses owed. Nonsuit judgment in favor of Client Defendant.
Wenslawski v Butch Cameron Trucking. Successfully defended Employer Client in claim for wages before State of California Labor Commissioner. Decision in favor of Client Defendant following hearing.
Quiroz v Mike’s Appliances. Superior Court of California, County of Contra Costa, Case No. MSC21-00594. Obtained complete dismissal of complaint against Employer Client for disability discrimination and wrongful termination.
4 Former Employees v Private Corporation. Claims for wage and hour violations by employees exceeding $70,000; Employer Client Defendant paid $0, Plaintiffs dismissed lawsuit.
Taylor v City of Piedmont, et.al. Superior Court of California, County of Alameda, Case No. RG07353019. Claim for harassment against Defendant Client dismissed by Plaintiff. $0 paid by dismissed by Employer Client.
Smith v City of Piedmont, et al. Superior Court of California, Cunt of Alameda, Case No. RG10508742. Claim for harassment against Defendant Client dismissed by Plaintiff. $0 paid by dismissed client.
Jefferson v S&G Sweeping. Workers Compensation Appeals Board, Case No. ADJ7279879. Claims for violation of Labor Code Section 132a for workers compensation discrimination dismissed. $0 paid by dismissed client.
Individual v Law Firm. Claims for defamation. Client dismissed by court on a Motion to Dismiss.
Former Employee v General Contractor. Successfully defended Employer Client against claims for wages and waiting penalties. Obtained dismissal of entire action following Labor Commissioner hearing. $0 paid.
Former Employee v Private Employer. Claims for wage and hour violations, overtime, sexual harassment, discrimination and wrongful termination, Plaintiff demanding 6 figures. $5,000 settlement.
Former Employee v Private Employer. Successfully resolved claims for wage and hour violations, overtime, sexual harassment, discrimination, and wrongful termination. Plaintiff demanded 6 figures. $5,000 settlement.
Former Employee v Fast Food Corporation. Successfully defended Employer Client against claims by former employee for pregnancy and gender discrimination. Defense verdict in favor of Client obtained in binding arbitration.
Jane Doe v Retail Store. Claims for race discrimination and failure to hire. $8,000 settlement.
Former Employee v Restaurant. Claims for sexual harassment, sexual assault, retaliation, discrimination, wrongful termination. $10,000 settlement
Former Employee v Tax Preparation Firm. Claims for sexual harassment. $10,000 settlement.
Former Employee v Law Firm. Claims for sexual harassment, sexual discrimination, race discrimination and wrongful termination. $11,000 settlement.
Former Employee v Corporation. Claims for sexual harassment, retaliation for complaining about sexual harassment, discrimination, wrongful termination. $20,000 settlement.
Former Employee v Fast Food Corporation Claims by former employee for pregnancy and gender discrimination. $25,000 settlement following defense verdict in arbitration.
4 Former Employees v Law Firm. Claims for sexual harassment and sex discrimination, wrongful termination by 4 former employees. $60,000 total settlement.
4 Former Employees v Nationwide Tax Franchise. Claims for sexual harassment, discrimination and wrongful termination by 4 former employees. $75,000 settlement
2 Former Employees v. Transportation Company, Claims for sexual harassment against former supervisor. Plaintiffs submitted $1.2 million demand. $37,500 settlement.
Former Employee v. Testing Company, Claims for retaliatory discharge and submitting complaint of harassment. Plaintiff demanded $400,000. $20,000 mediated settlement.
Office Worker v. Country Club - Successfully defended employer in claims of wrongful discharge in which the settlement demand submitted was in the amount of $200,000.00. No recovery by Plaintiff.
Salesperson v. Retail Outdoor Sales Company - Settled claim against company in the amount of $5,000.00 based on wage and hour claims and wrongful discharge in which settlement demand submitted was in the amount of $19,619.00.
Administrative Assistant v. Environmental Clean-up Company - Negotiated non-litigation settlement of sexual harassment claims on behalf of company based on payment of a modest severance to employee.
Advertising Representative v. Newspaper - Obtained a $5,000.00 settlement for newspaper of claims of sexual harassment, defamation and constructive termination of settlement demand of $75,000.00.
Clerk v. Convenience Store - Obtained negotiated settlement of $22,000.00 on behalf of company sued for wage and hour claims and demand of $103,000.00.
Care Home v. Competitors - Obtained a settlement on behalf of a care home in the amount of $150,000.00 against Defendants based on claims against competitors for unfair business practices and interference with contractual relations.
Claim for $11,000 in wages owed plus penalties, award $0.
Claim for $22,000 in wages and missed meal and rest periods, settled for $2,250
Claim for $10,000 for wages, meal and rest periods, penalties and interest, settled for $2,821
Defended restaurant in audit by Labor Commissioner seeking three years of overtime, missed meal and rest periods, penalties and interest. Settled for payment of two years of overtime and missed meal and rest periods, only (no penalties nor interest).
Employee v. Delivery Company. Obtained mediated settlement for client in the amount of $120,000 based on client's claims against former employer for mischaracterization of him as an independent contractor, wage and hour violations and an assault and battery which occurred by former supervisor after termination from employment.
Employee v. National Amusement Park Company. Obtained a mediated monetary settlement for client in the amount of $165,000, outplacement services valued at $7,500 and a job reference letter based on claims of retaliatory discharge for raising safety concerns.
Computer Technician v. Insurance Company. Obtained a mediated settlement for employee client in the amount of $42,500 without litigation based on claims of age discrimination.
Radiologic Technician v. Health Care Provider. Obtained a settlement of $43,775 for client without litigation based on claims of disability discrimination and failure to accommodate.
Former In House Attorney v. National Insurance Company. Negotiated a settlement of $206,300 for client based on claims of wrongful discharge without litigation.
Former Manager v. Retail Recreation Sports Vehicle Store. Claims for breach of employment contract and wrongful discharge. $225,000 mediated settlement.
Automobile Accident Victim v. Contractor. Settlement of $198,150 obtained during jury selection for soft tissue back injuries sustained in automobile accident.
Former Employee v. Retail Store. Claims of wrongful discharge. Mediated settlement of $98,000.
Current Employee v. Oil Company. Mediated settlement of $90,000 based on claims of age discrimination.
Current Employee v. National Communications Company. Severance agreement negotiated for client providing for payment of $90,645 plus benefits without litigation.
Homeowner v. Homeowner's Association. Claims for defamation and interference with employment. $97,500 mediated settlement.
Former Employee v. Health Insurance Company. $90,000 mediated settlement obtained for claims of disability discrimination and commissions owed.
Former Employee v. Distribution Company. $80,000 mediated settlement obtained for client based on claims of disability discrimination and failure to comply with California Family Rights Act.
Former Employee v. National Delivery Company. $80,000 mediated settlement obtained for client based on claims of disability discrimination.
Former Employee v. Software Company. $77,500 mediated settlement obtained for client based on claims of pregnancy discrimination.
Former Employee v. National Retail Clothing Manufacturer. $70,000 settlement obtained for client for overtime wages and penalty claims.
Current Employee v. Health Care Organization. Severance agreement negotiated without litigation for client providing for payment of $33,122 plus benefits.
Former Teacher v. School District. Mediated settlement of $40,000 obtained for substitute school teacher based on claims for ancestry discrimination.
Yaniger v Neocork Technologies, Napa County Superior Court Action No. 26-43918. Claims for wages and breach of employment contract. $165,000 mediated settlement.
Jane Doe v Big Bank. Claims for wrongful termination and violation of California Civil Code 50. $165,000 settlement.
Bridges v Perez et al, Superior Court of California County of Alameda Case No. 2002076350, $125,000 mediated settlement in personal injury case.
Jane Doe v Hospital. Claims for disability discrimination and wrongful termination. $125,000 mediated settlement.
Meyers v Rhone-Poulenc, Inc. et al, Superior Court of California County of Contra Costa Case No. C96-05162. Claims for wrongful discharge, invasion of privacy, defamation. Plaintiffs' jury verdict, $110,000.
Clouse v OnTheGo, Inc. Superior Court of California County of Contra Costa Case No. C 08-01173. Claims for breach of contract, overtime and wrongful termination. $110,000 mediated settlement.
John Doe v Oil Company. Claims for wrongful termination based on mental disability and gender (male) discrimination. $105,000 settlement.
Jane Doe v Hospital. Claims for violation of FMLA, race discrimination and wrongful termination. $100,000 mediated settlement.
Jane Doe v Nationwide Retail Store. Claims for failure to accommodate disability and engage in interactive process by current employee. $95,000 settlement.
Jane Doe v Private University. Claims for overtime and wrongful termination. $92,500 settlement.
Jane Doe v Government Transportation Agency. Claims for retaliation and wrongful termination. $95,000 mediated settlement.
Silva v Bay Area Rapid Transit District ("BART"), Superior Court of California County of Alameda Case No. RG07334806. Claims for disability discrimination, failure to accommodate disability, retaliation, wrongful termination. $91,000 mediated settlement.
John Doe v Private Corporation. Claims for age discrimination. $90,000 settlement.
Jane Doe v Plastic Surgeon. Claims for overtime and missed meal and rest periods. $81,648.92 settlement.
John Doe v Private Corporation. Claims for violation of USERRA for failure to reinstate military service member upon return from active duty. $80,000 settlement.
Singh v 4 Sangha Enterprises dba Straw Hat Pizza, Labor Commissioner State Case No. 23-27547. $63,771.37 award of wages and penalties.
Jane Doe v Private Corporation. Claims for vacation wages and bonuses owed. $50,000 settlement.
Capretto v Stryker Corp., State of California County of Solano Case No. FCS027593. Wrongful termination for work-related disability. $45,000 judgment.
John Doe v Private University. Claim for gender discrimination (male). $45,000 settlement.
Jane Doe v Insurance Company. Claims for violation of California Family Rights Act. $45,000 mediated settlement.
Jane Doe v Company. Claims for violation of California Labor Code Section 923 based on company's retaliation for employee's exercise of right to retain an attorney and to seek advice in negotiating the terms and conditions of her employment. $45,000 settlement.
John Doe v Hospital. Claims for vested vacation owed and related Labor Code penalties. $43,000 settlement.
Lee v. State of California, California Highway Patrol. Solano County Superior Court, Case No. FCS035552. Settlement received in the amount of $250,000.00 for claims of harassment, discrimination and assault.
Landman v. Hispanic Scholarship Foundation. San Francisco County Superior Court, Case No. CGC11-510467, JAMS Arbitration Case No. 1100067347. Obtained binding arbitration award in favor of client in the amount of $163,623.91 based on claims of breach of written employment agreement.
Service Representative v. Utility Company - Obtained settlement of $500,000.00 based on claims of retaliatory discharge.
Administrative Assistant v.School District - Obtained $150,000.00 settlement for Client based on claims of wrongful retaliatory discharge and assault and battery.
Complex Case Manager Registered Nurse v. Healthcare Organization - Obtained $150,000.00 mediated settlement for Client based on claims of disability discrimination and failure to accommodate disability.
Administrative Assistant v. Health Insurance Organization - Obtained mediated settlement for Client in the amount of $147,500.00 based on claims of disability discrimination and failure to accommodate disability.
Facility Manager v. Chemical Company - Obtained a non-litigation settlement for Client in the amount of $145,307.62 based on claims of age discrimination.
Two Married Employees v. Company - Obtained mediated settlement on behalf of a married couple against their former employer in the total amount of $160,583.32 based on claims of breach of employment agreement, wage and hour violations and retaliatory discharge.
Site Manager v. Manufacturer - Obtained a non-litigation settlement for Client in the amount of $135,000.00 based on claims of age discrimination and wrongful discharge.
Bankruptcy Trustee v. Contractor - Obtained a mediated settlement in the amount of $129,275.00 on behalf of the bankruptcy trustee who succeeded to claims of the employee for disability discrimination, failure to accommodate disability and wrongful discharge.
Two Salesmen v. National Furniture Company - Obtained settlements in the amounts of $65,000.00 and $55,000.00, respectively, for two salesmen for a national furniture company based on claims of breach of contract, commissions owed and wage and hour laws based on the mischaracterization of the Clients as independent contractors.
Administrative Assistant v. School District - Obtained $95,000 mediated settlement for current employee based on claims of retaliation.
Information Technology Specialist v. Publisher - Obtained mediated settlement in the amount of $87,500 based on claims of retaliatory discharge.
Human Resources Manager v. Non-Profit Agency - Obtained non-litigation severance agreement for Client in the amount of $75,000.00 based on claims of disability discrimination and failure to accommodate.
Safety Equipment Manager v. Oil Company - Obtained $75,000.00 settlement based on claims of disability discrimination and failure to accommodate.
Advertising Representative v. Publisher - Obtained $50,000.00 mediated settlement based on claims of disability discrimination and failure to accommodate.
Jim Yaniger v. Benicia Unified School District - Solano County Superior Court, Case No. FCS040366 - Obtained $70,000.00 mediated settlement for minor client for personal injury damages resulting from a broken arm suffered on the school playground.
Motorcycle Instructor v. School - Obtained a mediated settlement of $60,000.00 based on claims of sexual harassment.
Maintenance Supervisor v. Refrigeration Manufacturer - Obtained a settlement of $60,000.00 based on claims of wrongful discharge and failure to accommodate disability.
Safety Supervisor v. Oil Company - Obtained $50,000.00 non-litigation severance payment based on claims of age discrimination.
Certified Nursing Assistant v. Health Care Organization - Obtained a mediated settlement in the amount of $50,000.00 based on claims of wrongful discharge in violation of public policy.
Nursing Supervisor v. Health Care Organization - Obtained $50,000.00 mediated settlement based on claims of defamation and wrongful discharge.
Kitchen Worker v. Retirement Home - Obtained a settlement of $50,000.00 based on claims of retaliatory wrongful discharge.
Personal Injury Case - Personal injury recovery received for client of $62,851.92 for facial injuries.
Worker v. Auto Painting Company - Obtained mediated settlement of $35,000.00 based on wage and hour claims and wrongful discharge.
Medical Doctor v. Franchisor - Obtained settlement of $44,750.00 and dismissal of declaratory relief action based on claims for breach of contract and that Client was mischaracterized as an independent contractor.
Financial Officer v. Community College Dist. - Obtained non-litigation severance agreement for a client valued more than $80,000.00 based on wrongful discharge claims.
Lonsway v Wallace. Obtained a personal injury recovery in the amount of $1.25 million for client who was a pedestrian and injured by a negligent driver of the motor vehicle.
Former Executive v National Company. Obtained a severance package for client with payments valued in excess of $930,000 based on claims of disability discrimination.
Fuchs v Brown Saari. San Mateo County Superior Court. Case No. 16CIV01130. Obtained personal injury recovery on behalf of client arising from an altercation in the amount of $800,000.
Service Representative v Utility Company. Obtained a recovery for former employee of the utility company in the amount of $500,000 based on claims of wrongful termination from employment.
Former Employee v Hospital. Obtained a recovery for employee client in the amount of $395,000 based on claims of disability discrimination, failure to accommodate disability, and wrongful discharge.
Two Former Employees v Food Company. Obtained recovery for former employees in the amount of $325,000 based on claims of gender and race discrimination and wrongful discharge.
Minor Plaintiff v Homeowner. Obtained a recovery for a client in the amount of $315,000 for injuries received in a sexual assault as a result of alcohol served to minors and negligent supervision.
Former Nurse Supervisor v Hospital. Obtained a recovery for a former employee client in the amount of $300,000 based on whistle blower complaints of health and safety and wrongful discharge
Former Management Employee v University. Obtained a recovery for client in the amount of $255,000 based on equal pay and race discrimination claims.
Lee v State of California, California Highway Patrol. Solano County Superior Court, Case No. FCS035552. Obtained recovery for former employee client in the amount of $250,000 for client’s claims of harassment, discrimination, and assault.
Former Manager v Retail Recreation Sports Vehicle Store. Recovery obtained in the amount of $225,000 for client based on claims of breach of employment contract and wrongful discharge.
Former In-house Attorney v National Insurance Company. Recovery obtained for client in the amount of $206,300 based on claims of wrongful discharge.
Landman v Hispanic Scholarship Foundation. San Francisco County Superior Court, Case No. CGC11-510467, JAMS Arbitration Case No. 1100067347. Obtained binding arbitration award in favor of client in the amount of $163,623.91 based on claims of breach of written employment agreement.
Automobile Accident Victim v Contractor. Obtained personal injury recovery for client of $198,150 during jury selection for soft tissue back injuries sustained in automobile accident.
Curious about a case? Call our office at (707)-745-3747.