November 23, 2016
Call & Jensen: C&J PROTECTS MSJ VICTORY ON APPEAL
Call & Jensen attorneys Julie Trotter, Jackie Beaumont and Melinda Evans successfully defended their summary judgment win on appeal in a wrongful termination lawsuit brought against Chevron and two individual supervisors. The lawsuit alleged complex and novel issues regarding the scope of protection afforded non-citizen employees under California’s FEHA. Plaintiff was a high-earning expat seeking over $1.5 million in damages. The Call & Jensen team prevailed on summary judgment at the trial level after securing damaging deposition admissions during a grueling, two-day deposition of plaintiff. Following oral argument, the Court of Appeal affirmed the judgment in its entirety.
October 31, 2016
CLASS CERTIFICATION DENIED: FIRM DEFEATS MOTION TO CERTIFY A PROPOSED CLASS OF OVER 1,500 THERAPISTS:
Call & Jensen recently persuaded the Honorable Ann I. Jones of the Los Angeles County Superior Court to deny class certification to a proposed class of more than 1,500 therapists in a wage-and-hour lawsuit. Call & Jensen obtained this victory for its client following more than four years of protracted litigation against class counsel. The attorneys who handled the case were Julie Trotter and Delavan Dickson.
October 10, 2016
Defense Victory: GRANTED: C&J’S MOTION TO DISMISS SHAREHOLDER DERIVATIVE CLAIMS WITH PREJUDICE
Call & Jensen attorneys recently obtained a complete dismissal with prejudice of all shareholder derivative claims in a business dispute in federal court. Last year, a closely held corporation filed a lawsuit against its former CEO, alleging fraud and misappropriation of millions of dollars. The defendant countered with shareholder derivative claims against the corporation’s Chairman of the Board and Chief Financial Officer. Representing these individual counter-defendants, Call & Jensen attacked the derivative claims, arguing they failed to state any valid claims. Agreeing, the Court dismissed the claims, but afforded the defendant “one final opportunity” to amend. When the defendant tried to allege the derivative claims again, Call & Jensen promptly persuaded the Court that the claims were still invalid. The Court dismissed all the derivative claims with prejudice, thereby removing the board chairman and CFO from the suit. This case was litigated by Matthew R. Orr, William P. Cole, L. Lisa Sandoval, and Jeffrey M. David.
September 30, 2016
Defense Victory: Firm prevails in multi-million-dollar consumer credit reporting lawsuit
Call & Jensen recently obtained a complete defense judgment for its clients in a hotly-contested, multi-million-dollar lawsuit. Call & Jensen obtained the victory via a summary judgment motion after stepping in to take over the defense following years of protracted litigation. The complaint sought more than $5 million in damages based on alleged violations of state and federal consumer credit reporting laws. Attorneys David R. Sugden and Melinda Evans obtained the complete victory for their clients.
September 15, 2016
Presentation: Jacqueline Beaumont presenting at CEB and the OCBA
Jacqueline Beaumont will be featured as an employment law speaker on wage and hour issues for the Basics Program presented by the Continuing Education of the Bar (CEB) at the Newport Beach Marriott on September 15 and 16, 2016. The annual conference, attended by hundreds of attorneys, presents MCLE programs in a variety of employment and other legal areas. The program will also be made available online after the conference at https://ceb.com/the-basics-2016-employment-law. Ms. Beaumont will also be a speaker at an MCLE presentation for the Orange County Bar Association on “Maternity Leave for Attorneys,” co-hosted by the Labor and Employment Section, held on September 22, 2016. The presentation will feature speakers representing the plaintiff and defendant’s perspective on maternity leave laws and related issues. Ms. Beaumont focuses her practice on employer-side litigation and advising on employee issues, and is a member of the OCBA Labor & Employment Section and co-chair of the OCBA’s Mommy Esquire committee.
September 12, 2016
Call & Jensen: Shirin Forootan Running for OCBA Director at Large
Call & Jensen is pleased to share that attorney Shirin Forootan has been nominated to run for the Orange County Bar Association (OCBA) Board of Director at Large position. Ms. Forootan has volunteered to serve the Orange County legal community for nearly a decade, including, most recently, leading the OCBA Community Outreach Committee and the OCBA Mommy Esquire Committee. She is currently active in attorney outreach efforts for the homeless in Civic Center in Santa Ana. More information about Ms. Forootan’s dedication to the community can be found at www.Shirin4OCBA.com. Call & Jensen proudly endorses Ms. Forootan’s candidacy and encourages OCBA members to vote for her in the online elections between now and September 27, 2016 at 2:30 p.m. To cast your vote, visit www.ocbar.org/vote.
September 7, 2016
Call & Jensen: C&J KNOCKS FEDERAL LAWSUIT OUT OF CALIFORNIA
Call & Jensen secured a significant transfer of venue for its client in a business dispute in federal court. Despite the existence of a forum selection clause in the parties’ contract requiring that all disputes “arising out of or relating to” the contract be filed in Florida, where Call & Jensen’s client is based, the Plaintiff filed suit in California, where the alleged work was performed. Call & Jensen’s client had previously filed a contract claim in Florida pursuant to the parties’ agreement. Rather than file a cross-claim in Florida, however, the Plaintiff filed a new suit in California, increasing the litigation costs and burden. Call & Jensen moved to transfer the new case to Florida, which the Plaintiff heavily contested, arguing that the parties’ contract had expired and that the claims for quantum meruit and unjust enrichment were not based on the contract. Call & Jensen, however, persuaded the judge to adopt a newly devised standard for determining the correct venue in light of the forum selection clause, and to transfer the case to Florida. The successful motion was authored by Matthew R. Orr and Joshua G. Simon. William P. Cole provided oral argument at the hearing.
August 24, 2016
Trial Victory: C&J Prevails in Bitter Dispute Between Business Rivals
In April 2016, Call & Jensen attorneys Mark Eisenhut and Samuel G. Brooks obtained a complete defense victory on behalf of their client, who is the CEO of a prominent business. After four days of trial, the judge denied all claims and relief sought against Call & Jensen’s client. According to the ruling, evidence presented by Call & Jensen “destroyed [Petitioner’s] credibility and made Petitioner come off as ungrounded and truly bizarre in nature.”
August 12, 2016
Defense Victory: C&J CONVINCES FEDERAL COURT TO DISMISS PUTATIVE CONSUMER CLASS ACTION
Call & Jensen attorneys Matthew R. Orr and Joshua G. Simon secured a class dismissal with prejudice, in a putative consumer class action proceeding in a Massachusetts federal district court against Gencor, an Orange County-based herbal supplement manufacturer. The proposed class action accused Gencor and other defendants, including General Nutrition Corporation (GNC), of misleading consumers by manipulating scientific data regarding the health effects of the herbal extract fenugreek. Call & Jensen moved to dismiss the lawsuit by attacking all nine legal claims, including those brought under the Magnuson Moss Warranty Act and various California and Massachusetts consumer protection statutes. The U.S. District Judge agreed with Call & Jensen’s arguments in their entirety, and granted the motion to dismiss the firm’s client from the case.
July 8, 2016
Honor: 16 Attorneys Named “Super Lawyers” and “Rising Stars” by Super Lawyers Magazine
Call & Jensen is pleased to congratulate its attorneys who were recognized by Southern California Super Lawyers in its 2016 lists of “Super Lawyers” and “Rising Stars,” published in Super Lawyers, Orange Coast, and Los Angeles Magazine. Four of the spots on the Top 50 OC Super Lawyers were held by Call & Jensen attorneys Wayne Call, Mark Eisenhut, David Sugden, and Julie Trotter, and three of the spots on the OC Up-and-Coming 25 List were held by Call & Jensen attorneys Sam Brooks, Kent Christensen, and Scott Hatch – high honors for a firm of Call & Jensen’s size. Attorneys Kent Christensen and Scott Hatch were also honored as Up-and-Coming 100 Southern California Rising Stars. Overall, 15 Call & Jensen attorneys were named “Super Lawyers” or “Rising Stars” in their respective areas of practice - designations awarded to no more than 2.5% of California attorneys who have attained a high degree of peer recognition and professional achievement. Call & Jensen congratulates the following attorneys for their 2016 Super Lawyers selection: Wayne Call, Mark Eisenhut, Ryan McNamara, Matt Orr, David Sugden, and Julie Trotter; and congratulates the following attorneys on their selection as “Rising Stars”: Jacqueline Beaumont, Samuel Brooks, Kent Christensen, Jeffrey David, John Egley, Shirin Forootan, Deborah Gubernick, Scott Hatch, Aaron Renfro, and Joshua Simon.
June 20, 2016
Call & Jensen: Firm adds new litigators to its trial practice
Call & Jensen is pleased to announce that it has added two litigators to its roster of trial and complex litigation attorneys. Lisa Sandoval joins the firm from Steptoe & Johnson, where her practice encompassed high-stakes litigation and white collar defense. She holds a J.D. from Columbia University and practiced law in New York and Washington D.C. before joining Call & Jensen. Chris Dalton joins the firm after practicing at Morrison & Foerster, where he represented aviation, pharmaceutical, and medical device manufacturers in product liability and commercial litigation matters in state and federal court. He holds a J.D. from Georgetown University Law Center, and served in the U.S. Marine Corps prior to practicing law. Call & Jensen welcomes its new attorneys.
June 13, 2016
Presentation: Social Media in the Workplace
On June 14, 2016, Call & Jensen attorney Jacqueline Beaumont will present on "Leveraging Social Media Policies: Mitigating NLRB Enforcement Actions in 2016." The MCLE webinar program will give an extensive overview of the issues involving social media policies, discuss best compliance practices and provide the most effective legal ways to mitigate NLRB enforcement actions. It is presented by The Knowledge Group, a national legal education provider. Registration is available by clicking here, and free registration is available by contacting Call & Jensen.
June 9, 2016
Presentation: Julie Trotter presenting at the OCBA
This Saturday, June 11th, Julie Trotter will be speaking at the Orange County Bar Association Labor and Employment Section’s 20-16 Annual Seminar. Ms. Trotter will be presenting on New Developments in Discrimination, Retaliation & Harassment Law. The Seminar will take place at Chapman University. For more information about the seminar and to register, please visit the event page on the OCBA website.
May 27, 2016
Defense Victory: Successful defense of $100M shopping center lawsuit
Call & Jensen recently defended, successfully, a prominent real estate developer accused of building and selling, for $100M, a 300,000 square foot shopping center which was alleged by the buyer to have been filled with "defective tenants." The matter was resolved by a confidential settlement favorable to Call & Jensen's client. The case was handled by Call & Jensen attorneys Wayne Call and Scott Hatch.
May 16, 2016
Honor: Multiple C&J Women in Business Nominees
Call & Jensen is proud to announce that attorneys Jacqueline Beaumont and Shirin Forootan were recently selected by the Orange County Business Journal as 2016 “Women in Business” nominees. The awards honor business and professional OC women whose accomplishments positively impact the OC business community. Ms. Beaumont is an experienced litigator who has been repeatedly recognized for her work representing employers in all aspects of employment law and legal advising. She is a leader outside the office as well, co-chairing the Orange County Bar Association’s Mommy Esquire Committee, and serving the community through involvement with Girls Inc. and student moot court competitions. Ms. Forootan’s legal practice also focuses on representing and advising employers, which she has been doing exclusively for the past five years. In addition, Ms. Forootan is dedicated to her community—currently serving as Co-Chair of Orange County United Way’s Women United and recently serving as Co-Chair of the Orange County Bar Association’s Community Outreach Committee and Mommy Esquire Committee. She also regularly presents on “teenage legal survival skills” to high-school students in Orange County.
May 9, 2016
Defense Victory: $1.6M ATTORNEY’S FEES AWARD
Call & Jensen attorneys recently secured an attorney’s fees award of more than $1.6 million for their client. The award followed the complete dismissal of a $10 million lender liability action against one of the firm’s bank clients and a $4 million judgment for the bank against the plaintiff in the action. The case was litigated by Call & Jensen attorneys Wayne W. Call and Todd C. Bouton.
May 2, 2016
Honor: Call & Jensen Among Top OC Law Firms
Call & Jensen was again named to Orange County Business Journal’s list of the Top Law Firms operating in Orange County. The firm is pleased to be recognized and ranked #34 on the list of 86 firms reported by the OCBJ. Overall, more than 1,000 law firms, composed of over 16,000 attorneys, operate in Orange County.
April 19, 2016
Arbitration Victory: Arbitration Victory in Employment Case
Call & Jensen attorneys David Sugden and Jacqueline Beaumont obtained a complete arbitration victory for their client, a professional services organization, in an employment discrimination lawsuit made under California’s Fair Employment & Housing Act. The claimant had initially filed the lawsuit in civil court, but the Firm successfully compelled arbitration. Following the arbitration hearing on the merits, the arbitrator entered an award for the Firm’s client on all causes of action, including discrimination, retaliation, wrongful termination, and failure to provide reasonable accommodation. Call & Jensen obtained judgment on each issue presented, including a ruling that Call & Jensen’s client, who was alleged to be a joint employer, did not hold the requisite responsibility over the claimant’s employment to be charged with a duty to engage in the interactive process.
April 11, 2016
Call & Jensen: Firm Well-Represented Amongst OCBA Leadership
Call & Jensen is proud to be represented this year with firm attorneys in multiple leadership positions with the Orange County Bar Association. Joshua Simon is chair of the OCBA’s Banking & Lending section, and Mark Eisenhut is a member of the OCBA’s Judicial Selection committee. Jacqueline Beaumont co-chairs the OCBA’s Mommy Esq. committee, and Todd Bouton is an executive committee member and past chair of the OCBA’s Banking & Lending section. In addition, several of the firm’s attorneys hold leadership positions with affiliate bar associations: Wayne Call is a member of the Board of Governors for the Orange County Chapter of the Association of Business Trial Lawyers (ABTL); and Deborah Gubernick, past chair of the Orange County Chapter of the J. Reuben Clark Law Society, is currently an Assistant Area Director for the International J. Reuben Clark Law Society. The OCBA is one of the largest voluntary bar associations in California, with over 9,000 members, and provides a variety of programs, services, and opportunities for its attorney members, the judiciary, and the community.
April 4, 2016
Defense Victory: FIRM SECURES $4M JUDGMENT AND DISMISSAL OF $10M CLAIMS
Call & Jensen attorneys recently secured the dismissal of a $10 million lender liability action against its bank client and obtained a $4 million judgment on its cross-claim against the developer who sued the bank. After a multimillion dollar real estate project failed in the Inland Empire, the developer sued the bank for $10 million for lender liability claims, including fraud, specific performance, breach of contract and intentional interference with prospective economic relations. The bank countersued for $4 million on the developer’s guarantee for the project. After trial, the court dismissed the developer’s claims and awarded the bank over $4 million on its cross-claim. The bank also has a motion pending to recover its attorney’s fees and costs. The case was represented by Call & Jensen attorneys Wayne W. Call and Todd C. Bouton.
March 14, 2016
Landmark Decision: C&J prevails in vanguard PAGA decision
A Los Angeles Superior Court judge granted Call & Jensen’s motion to bifurcate discovery and trial phases in an pending action for wage-and-hour penalties under California’s Private Attorneys General Act (“PAGA”). In granting Call & Jensen’s motion, the court required the plaintiff to conduct discovery and trial on her own penalties claim first before moving to discovery and trial phases regarding other “aggrieved” employees and former employees of a residential property management company. If the plaintiff fails to prove her own claims, she will not be able to proceed with the representative PAGA claims. The decision is a significant one as PAGA is a newer Labor Code provision, practically never litigated to trial in California, and with virtually no precedent in this arena. The C&J team on this case consists of Julie Trotter, Jacqueline Beaumont, and Delavan Dickson.
March 10, 2016
Defense Victory: Firm Secures Quick Employment Lawsuit Dismissal
Call & Jensen attorneys recently secured dismissal of a representative employment action shortly after the complaint was filed. Plaintiff’s counsel had asserted 14 causes of action against the firm’s client, a business services provider. Call & Jensen attorneys took early and aggressive intervention to secure a dismissal of the complaint without any payment required by their client. The case was represented by Mark Eisenhut, Jacqueline Beaumont, and J. Randall Boyer.
February 26, 2016
Defense Victory: Trade Secret Defense Victory For C&J Client
Call & Jensen recently obtained a complete victory for its client in a trade secret lawsuit. In the case, the plaintiff accused a sheet metal company of misappropriating its trade secrets when it hired one of plaintiff’s former employees. Plaintiff sued for misappropriation of trade secrets, breach of contract, tortious interference with business relations, unfair competition, and breach of a duty of loyalty. After Call & Jensen attorneys Gina L. Miller and William P. Cole filed motions challenging the complaint, the plaintiff dismissed the entire action outright, with no recovery at all from the defendant.
February 11, 2016
Trial Victory: CALL & JENSEN OBTAINS COMPLETE DEFENSE VERDICT IN LESS THAN 3 HOURS
Call & Jensen attorneys Mark Eisenhut, Scott Shaw, and Samuel Brooks recently obtained a full defense verdict in a federal copyright dispute for its retail client Family Dollar. The case, filed under the Copyright Act and the Lanham Act, was tried to a jury in federal court. After a full trial, the jury deliberated for less than 3 hours before rendering a verdict on all claims in favor of Family Dollar.
February 2, 2016
Call & Jensen: C&J Elects New Shareholders
Call & Jensen is pleased to announce the election of Deborah Gubernick and Aaron Renfro as shareholders of the firm. Ms. Gubernick’s law practice focuses on intellectual property protection and enforcement in the US and abroad, particularly in the apparel, action sports and related industries. She also manages client’s international trademark portfolios and engages in prosecution work before the USPTO and the TTAB. She joined Call & Jensen in 2011, and obtained her J.D. from the University of San Diego. She has been consistently recognized as a Rising Star and received other accolades throughout her legal career. Mr. Renfro specializes in business and intellectual property litigation. His legal career includes successful trial verdicts and results obtained for clients in patent, copyright, commercial litigation, and complex class actions. He serves as an intellectual property consultant for businesses and regularly speaks on a range of intellectual property topics. He has been recognized as Rising Star by Super Lawyers for consecutive years. He has practiced with Call and Jensen since 2009, and obtained his J.D. from the J. Reuben Clark Law School at Brigham Young University.
January 27, 2016
Presentation: C&J Delivers Keynote Employment Address
In January 2016, Gina Miller was a keynote speaker for over 1,000 human resource professionals and business owners at the annual employment law seminar series for the Professionals in Human Resources Association (PIHRA). Her keynote address focused on the key new statutes and court cases addressing state and federal laws in the State of California, top employment trends for 2016, and ways businesses can implement changes in a cost-effective manner. Ms. Miller’s practice includes extensive experience in all areas of employment litigation and advising.
January 4, 2016
Summary Judgment Victory: CALL & JENSEN PREVAILS ON SUMMARY JUDGMENT IN WRONGFUL TERMINATION CASE
Call & Jensen attorneys David Sugden and Ashley Washington recently obtained a complete victory via summary judgment for the firm’s client Pepperdine University in a wrongful termination lawsuit. The judge granted Call & Jensen’s motion for summary judgment on six causes of action including breach of contract, negligent misrepresentation, intentional misrepresentation, intentional interference with business relations, race discrimination, and wrongful discharge in violation of public policy.
December 2, 2015
Call & Jensen: C&J Adds Shareholder William P. Cole
Call & Jensen is pleased to announce that William P. Cole has joined the firm as a shareholder to head the firm’s white collar group and expand its complex litigation and trial practice groups. Mr. Cole joins the firm after a 13-year stint in the U.S. Attorney’s Office for the Southern District of California, where he served as Chief of the Criminal Division, and then as First Assistant U.S. Attorney, with oversight and responsibility for all criminal and civil matters in the busy district. He will use his knowledge and experience to help C&J clients navigate the full spectrum of civil litigation and white collar matters and investigations.
October 13, 2015
Presentation: Overcoming Gender Bias In The Legal Profession
On September 19, 2015, Deborah A. Gubernick was a speaker at the International J. Reuben Clark Law Society’s Women in Law event held at Chapman University. The presentation was entitled “Gender Bias: How Do We Overcome It?” She and two other panelists addressed progress that has been made to eliminate bias, and ongoing hurdles contributing to perceived and actual biases, both in and out of the practice of law. Ms. Gubernick has been working in the legal field since 1994. She started her career as a paralegal and returned to law school after having three children. Her two-decades of experience in law firms allowed her to share unique insights. Ms. Gubernick’s law practice focuses on intellectual property protection and enforcement in the US and abroad, particularly in the apparel, action sports and related industries
October 12, 2015
Defense Victory: Victory in Trademark Trial and Appeal Board Action
Call & Jensen successfully represented Defendant/Trademark Applicant in rebuffing a trademark opposition proceeding before the United States Patent and Trademark Office - Trademark Trial and Appeal Board. The opposition threatened to prevent Call & Jensen’s client from registering its primary trademark and brand name. After Call & Jensen attorney Deborah A. Gubernick filed a counterclaim to petition to cancel Plaintiff’s mark, the case was resolved, resulting in withdrawal of the opposition and no monetary damages owed. The victory ensures that Call & Jensen’s client’s primary mark and brand name will formally register.
October 8, 2015
Presentation: Minimizing Exposure in Employment Contracts
On September 17, 2015, Gina Miller and Shirin Forootan of Call & Jensen presented an MCLE seminar on minimizing exposure in employment contracts. Topics covered included litigation avoidance strategies with respect to independent contractor agreements, confidentiality agreements, franchise agreements, arbitration agreements, offer letters, employment contracts, and severance agreements. The seminar was well-received and well-attended by in-house counsel from a variety of industries. For more information or a copy of the materials presented, please contact Gina Miller or Shirin Forootan.
October 6, 2015
Presentation: Drafting Executive Agreements
On October 12, 2015, Shareholder Jacqueline Beaumont will speak before attorneys of the Orange County Bar Association Labor and Employment Section on the topic of “Executive Agreements: Perspectives from Both Sides.” Ms. Beaumont will share her thoughts on negotiating key provisions in executive employment contracts, including legal trends, avoiding pitfalls, and strategic business considerations. Ms. Beaumont’s employment practice includes negotiating executive agreements, advising employers on legal issues and policies, and litigating employee disputes.
October 6, 2015
Summary Judgment Victory: Call & Jensen Prevails on Summary Judgment in Copyright Case
Call & Jensen attorneys Scott Shaw and Samuel Brooks recently obtained summary judgment in a copyright dispute against plaintiff, Unicolors, Inc. In the complaint, Unicolors accused Call & Jensen’s clients of infringing its copyright by selling unauthorized copies of a fabric design. At the outset of the case, Call & Jensen conducted an independent investigation and located preexisting artwork. Finding the copyright invalid, the court granted Call & Jensen’s request for summary judgment. Following summary judgment, plaintiff Unicolors agreed to pay $10,000 to Call & Jensen’s clients to cover costs and attorney’s fees.
October 2, 2015
Summary Judgment Victory: Firm Defeats Class Certification of Off-The-Clock Claims
In a coordinated wage and hour class action brought against a national retailer in Los Angeles Superior Court, Call & Jensen defeated certification of plaintiffs’ “off-the-clock” claims, eliminating millions of dollars of liability for the company. After four years of vigorous pre-certification discovery, the court was persuaded by the company’s substantial evidence presented in opposition to certification, including over 150 employee declarations. The court ultimately held that any alleged policy or practice of the company requiring off-the-clock work was “incapable of class resolution.” The team led by shareholders John Egley and Scott Shaw included associates Shirin Forootan and Randy Boyer of Call & Jensen.
September 24, 2015
Plaintiff Victory: Six-Figure Trademark Litigation Settlement Obtained By Call & Jensen
After three years of contentious litigation regarding the use of the name “Benchmark,” and just weeks before trial, Scott Shaw, Deborah Gubernick and Samuel Brooks of Call & Jensen obtained a favorable settlement on behalf of their client, Benchmark Transitions. Benchmark Transitions brought claims for trademark infringement in the Southern District of California against a competitor, Launchworks Life Services, which had started using the name “Benchmark Recovery Center.” Among other terms in the non-confidential settlement, Launchworks Life Services is required to pay Benchmark Transitions $400,000 and cease from using the term “Benchmark” as a trademark.
September 17, 2015
Defense Victory: $5 MILLION C&J TRIAL JUDGMENT REINSTATED AFTER APPEAL
Call & Jensen recently defended on appeal a five-million dollar ($5MM) lender liability judgment that it obtained for a large bank client after a trial against a commercial developer in October 2013. The Court of Appeal remanded the case back to the trial court with instructions that the trial court clarify its reasoning behind the judgment in the bank’s favor. The trial court ruled in favor of the bank and then, per the appellate court’s instruction obtained by the firm, reinstated the judgment nunc pro tunc retroactively back to 2013. The Call & Jensen team at trial and on appeal consisted of Wayne Call and Todd Bouton. The firm regularly represents business clients at trial and on appeal.
September 1, 2015
Dismissal: C&J Forces Franchisee Plaintiff To Dismiss Case After Admitting To Perjury
Through strategic litigation, Call & Jensen recently forced a former franchisee of 7-Eleven, Inc. to dismiss its lawsuit with prejudice. The franchisee plaintiffs not only filed suit for breach of the Franchise Relations Act, fraudulent inducement, and false imprisonment, but also involved the media and picketed a 7-Eleven store in an attempt to dirty 7-Eleven’s image. During deposition, Call & Jensen attorneys forced the plaintiffs to admit that the key allegations in three separate verified complaints were false. Call & Jensen then sought sanctions against the plaintiffs and their counsel. Ultimately, plaintiffs dismissed their complaint with prejudice. The Call & Jensen team consisted of Mark Eisenhut and Kent Christensen. Call & Jensen regularly represents franchisors in business matters, franchise disputes, employee, and access litigation.
July 31, 2015
Presentation: Litigating the Fashion Law Case
On July 24, 2015, Aaron Renfro spoke to fashion industry professionals and law students at Loyola Law School's Fashion Law Summer Intensive on "Litigating the Fashion Law Case: Everything you Need to Know from Intake to Trial." Mr. Renfro shared his experience in industry-specific issues that arise when dealing with IP and other litigation in the fashion world. Mr. Renfro maintains a practice focus on intellectual property law, and regularly assists fashion industry businesses with an array of legal issues from litigation to IP prosecution and enforcement.
July 22, 2015
Honor: Call & Jensen named Employment Law Firm of the Year in California
Global Law Experts recently honored Call & Jensen by naming the firm Employment Law Firm of the Year in California. The 2015 Global Law Experts Awards celebrate excellence, innovation, and performance in the legal community. The awards are determined through a rigorous process and allocated solely on merit. Call & Jensen is proud to be recognized as an industry leader in its respective field.
July 14, 2015
Honor: Shirin Forootan Nominated to OCBJ “Women In Business”
Call & Jensen is proud to announce that Shirin Forootan was recently selected by the Orange County Business Journal as a 2015 “Women in Business” nominee. Nominees are selected based on significant contributions to their profession and the community. Ms. Forootan represents corporate clients in employment lawsuits, yielding results both inside and outside of court. She currently serves as the Vice Chair of Orange County United Way’s Women Looking Forward, Co-Chair of the Orange County Bar Association’s Community Outreach Committee, and Co-Chair of the Orange County Bar Association’s Mommy Esquire Committee.
June 15, 2015
Honor: 18 Attorneys Named “Super Lawyers” and “Rising Stars” by Super Lawyer Magazine
Call & Jensen is pleased to congratulate its attorneys who were recognized by Southern California Super Lawyers and well represented in its 2015 lists of “Super Lawyers” and “Rising Stars.” Both Wayne Call and Mark Eisenhut were named to the list of Top 50 OC Super Lawyers. Call & Jensen attorneys also were honored with four spots on the list of Top 25 OC Rising Stars, held by Kent Christensen, Scott Hatch, John Egley and Scott Shaw. Mr. Eisenhut, Mr. Hatch, and Mr. Shaw were also listed within the Top 100 in their category within the State of California. Overall, 18 Call & Jensen attorneys were named “Super Lawyers” or “Rising Stars” in their respective areas of practice - designations awarded to no more than 2.5% of California attorneys who have attained a high degree of peer recognition and professional achievement. Call & Jensen congratulates the following attorneys for their selection as 2015 Super Lawyers: Julie Trotter, Wayne Call, Mark Eisenhut, Jon Jensen, Ryan McNamara, and Dave Sugden. Call & Jensen also congratulates the following attorneys on their selection as “Rising Stars,” a designation intended to recognize the state’s top up-and-coming attorneys: Jacqueline Beaumont, Sam Brooks, Kent Christensen, John Egley, Shirin Forootan, Debbie Gubernick, Scott Hatch, Aaron Renfro, Scott Shaw, and Joshua Simon.
June 1, 2015
Trial Victory: CALL & JENSEN OBTAINS TOTAL VICTORY FOR 7-ELEVEN IN FLORIDA ADA LITIGATION
Call & Jensen’s trial team secured a resounding and complete victory over a predatory ADA plaintiff who had targeted 7-Eleven stores for years throughout the entire State of Florida in lawsuits claiming that he was a victim of disability/access discrimination. The Florida victories began when the firm obtained a dismissal victory for its client 7-Eleven. Following his initial defeat, Plaintiff, an unemployed professional ADA plaintiff with hundreds of lawsuits filed in his name, appealed to the Eleventh Circuit. Plaintiff and his counsel continued to target 7-Eleven, “doubling down” by filing additional litigation against dozens of 7-Eleven stores. However, Call & Jensen, whose attorneys have never lost an ADA trial, confronted and exposed Plaintiff during a three-week trial. In its final order, the Court specifically noted that Call & Jensen’s aggressive cross-examination of Plaintiff was “meticulous,” adding that Call & Jensen shareholder Ryan McNamara “continually impeached Plaintiff with nearly every question asked” during hours of cross-examination. Call & Jensen’s trial presentation convinced the Court that “Plaintiff lacks a modicum of credibility.” Plaintiff was forced to admit that testimony he had offered under penalty of perjury was “blatantly false” and, accordingly, the Court dismissed his lawsuit for lack of standing. Following Call & Jensen’s dominant trial victory, Plaintiff and his counsel dismissed all other pending litigation against the firm’s client 7-Eleven and, additionally, abandoned their appeal of Call & Jensen’s initial victory. Call & Jensen’s winning trial team consisted of Julie Trotter, Ryan McNamara, Kent Christensen, and paralegal Brittany Davison.
June 1, 2015
Defense Victory: C&J Protects Clients’ Intellectual Property Through Active Trademark Enforcement
Protecting and defending its clients’ intellectual property rights is one way that Call & Jensen partners with its clients to grow their businesses. Recently, the firm has secured several trademark enforcement victories for its clients: Call & Jensen achieved a successful result for its client in highly contested and emotional trademark infringement, copyright infringement and trade secrets misappropriation dispute. The firm’s attorneys obtained a favorable resolution whereby Plaintiff’s former licensee voluntarily agreed to permanently cease using Plaintiff’s confidential and proprietary information, valuable intellectual property and agreed to a monetary payment. Call & Jensen also delivered a win for another client, a trademark holder, when the firm’s attorneys secured a favorable coexistence agreement limiting the expansion of the would-be infringer’s use to further protect the client’s trademark rights. The firm’s thriving trademark practice includes all areas of prosecution, enforcement, protection, licensing, and defense.
May 4, 2015
Publication: Labor & Employment Law Roundtable: What Owners and Executives Need to Know
Call & Jensen managing shareholder, Julie Trotter, was invited to participate in the Los Angeles Business Journal’s Employment Law Roundtable. Ms. Trotter, along with several other employment law experts, provided insight and guidance on the many challenging employment issues facing California employers. The Roundtable was published in the LABJ’s May edition, which can be found here. Ms. Trotter specializes in defending California employers in high stakes employment litigation, including class action defense, and PAGA claims.
March 16, 2015
Summary Judgment Victory: C&J Obtains Summary Judgment Win and Victory on Appeal in Employment Lawsuit
Call & Jensen recently obtained multiple legal victories for its client J.C. Penney in a single plaintiff harassment and discrimination employment case. First, the firm obtained summary judgment from the trial court in favor of its client. After the Plaintiff filed an appeal, J.C. Penney chose C&J to continue to represent it in the appeal. The firm secured complete victory at the appellate level with the Court of Appeal affirming the trial court’s order in all respects and awarding J.C. Penney its costs on appeal. The appellate case caption is Anthony Jackson v. J.C. Penney Corporation, Inc., B256955.
March 4, 2015
Publication: Consumer Goods & Retail Roundtable Features Call & Jensen Expert
Call & Jensen Shareholder Scott Shaw provided his insights into consumer goods and retail trends in a recent Roundtable published in the Los Angeles Business Journal. Participating in a dialogue that included other experts from UPS and Marcum, Mr. Shaw weighed in on issues ranging from the Sharing Economy to legal challenges facing retailers and manufacturers of consumer goods. The article is available here.
Mr. Shaw represents retailers and businesses in the areas of intellectual property, business and employment litigation, with an emphasis in fashion law and action sports.
February 27, 2015
Presentation: IP Essentials for Entrepreneurs
This Monday, March 2, Aaron Renfro will be doing a presentation on “Intellectual Property Essentials for Entrepreneurs” in Los Angeles at the F.B.I (aka “Fashion Business Inc.”).
The presentation will be at 10 a.m., March 2, at the F.B.I. headquarters located at 110 E 9th St. Suite A792 Los Angeles, CA 90079.
February 13, 2015
Arbitration Victory: Dismissal of FEHA Claims With Prejudice and Award of Sanctions
Call & Jensen obtained a complete dismissal with prejudice in arbitration for a corporate defendant and an individual manager in a wrongful termination and discrimination lawsuit. Plaintiff was seeking over $1 million in damages. Call & Jensen obtained approximately $25,000 in sanctions against Plaintiff for discovery misconduct and subsequently obtained a dismissal of the case with prejudice after seeking terminating sanctions. The Call & Jensen team was comprised of attorneys Julie Trotter, Kent Christensen and Cardon Smith.
February 5, 2015
Presentation: Trademark Presentation
Call & Jensen was honored to host an International Trademark Association (“INTA”) Roundtable held on January 27, 2015. Scott Shaw and Debbie Gubernick presented “Decisions You Need to Know: Key Trademark Cases from 2014,” which included a discussion on recent Supreme Court cases and precedential decisions of the Trademark Trial and Appeal Board (opposition/cancellation actions, concurrent use proceedings -- decisions involving both questions of law and procedure). The event was attended by in-house trademark counsel from various high-profile companies in the retail, action sports and life-sciences industries, as well as partners from other law firms.
Scott Shaw is an intellectual property litigator and adviser, with a unique emphasis in the action sports, apparel, and retail industries.
Debbie Gubernick’s practice focuses on trademark counseling and litigation with a special emphasis on global trademark prosecution, maintenance and enforcement.
January 29, 2015
Trial Victory: Call & Jensen Obtains Complete Victory Against $9M Trade Secrets Case
Trial Victory: Call & Jensen Obtains Complete Victory Against $9M Trade Secrets Case
Call & Jensen’s attorneys recently obtained a complete defense verdict for their clients after a three-week jury trial in a trade secrets action in the Orange County Superior Court. The plaintiff, a reprographics company, was represented by two AmLaw 100 firms. The plaintiff alleged that its competitor and one of its departing employees misappropriated trade secret information relating to customer lists. Prior to trial, Call & Jensen prevailed on a summary adjudication motion as to all but one of plaintiff’s causes of action. At trial, the jury returned a complete defense verdict for both defendants on plaintiff’s sole remaining cause of action for trade secrets misappropriation. The Plaintiff claimed $9 Million in damages at trial, including damages for alleged willful and malicious misappropriation. Call & Jensen also successfully rebuffed the plaintiff’s motion for a new trial, and prevailed on a motion to collect attorney’s fees in the full amount requested for Call & Jensen’s clients. The team consisted of Mark Eisenhut, Gina Miller, Sam Brooks, Jacqueline Beaumont, and paralegal Mariam Yusuf.
January 29, 2015
Call & Jensen: expert speaks on employment misclassification issues
On January 23, 2015, Managing Shareholder Julie Trotter spoke as a panelist in an MCLE presentation regarding employee misclassification classification provided by Bridgeport Continuing Legal Education. In the presentation, entitled “Employee or Independent Contractor: Managing and Litigating Employee Misclassification,” Ms. Trotter shared her thoughts on management of employee/independent contractor classification in light of recent legal developments, as well as legal trends in wage and hour class actions involving exemption issues and interns. Ms. Trotter also discussed her experiences and strategic considerations for employers in litigating employment misclassification claims. Ms. Trotter’s practice includes litigation of complex employment disputes, including employee and exemption misclassification claims.
January 26, 2015
Honor: CALL & JENSEN ELECTS NEW SHAREHOLDER JACQUELINE BEAUMONT
Call & Jensen is pleased to announce the election of Jacqueline Beaumont as shareholder of the firm. Ms. Beaumont specializes in employment and complex matter litigation and advising. She has successfully litigated a range of matters including employment class actions, discrimination and wrongful termination lawsuits, multi-plaintiff disputes, and trade secrets cases. She has also worked in the in-house legal department of a large public company, and has broad expertise in all areas of employment law and advising, including workplace policies, employee investigations, reductions in force, negotiations, and other employment actions. Ms. Beaumont earned her J.D. from the University of California, Berkeley (Boalt Hall School of Law). She holds a B.A. in international relations from the University of California Davis and a master’s degree in public policy from the University of California, Berkeley. She joined Call & Jensen in 2010.
January 5, 2015
Defense Victory: Defense Victory: Call & Jensen Secures Dismissal of Herbal Testosterone Supplement Class Action
Call & Jensen’s attorneys secured a dismissal of a proposed federal consumer class action against Gencor, an Orange County, California-based herbal supplement manufacturer. The proposed class action accused Gencor and other defendants, including General Nutrition Corporation (GNC), of perpetrating a fraud on consumers by manipulating scientific data of the health effects of the herbal extract fenugreek. Call & Jensen moved to dismiss the lawsuit by attacking all twelve claims, including those brought under various California and New York consumer protection statutes and the Racketeer Influenced and Corrupt Organizations Act. The U.S. District Judge agreed with Call & Jensen’s arguments and dismissed the lawsuit. The Call & Jensen team consisted of Matthew Orr and Joshua Simon.
December 29, 2014
Honor: WAYNE CALL HONORED WITH J. REUBEN CLARK AWARD
Wayne Call was presented with the 2014 J. Reuben Clark Award by the J. Reuben Clark Law Society – Orange County Chapter. The award is given to members of the legal community who have made significant contributions to the practice of law while also demonstrating a commitment to serving others.
November 24, 2014
Summary Judgment Victory: Multi-Defendant Summary Judgment Win in FEHA Case
Call & Jensen continued a streak of summary judgement victories in challenging cases by obtaining a complete victory for three corporate defendants and two individual managers in a complex wrongful termination lawsuit. Plaintiff was a high wage-earner seeking over $1.5 million in damages. Critical to the motion’s success were the damaging admissions and testimony that Call & Jensen attorneys secured in a grueling two-day deposition of the plaintiff. Ultimately, the judge granted Call & Jensen’s motion for summary judgment on nine causes of action including harassment, retaliation, discrimination, and negligence. The team was comprised of Julie Trotter and Jacqueline Beaumont.
November 17, 2014
Multiple Class Action Victories: Call & Jensen Compels Cases To Arbitration
When a prominent hotel resort in Orange County was served with its first employment wage and hour class action, it reached out to Call & Jensen for representation, and quickly obtained results. Call & Jensen’s first move was a motion to compel the case to individual arbitration and to dismiss the class claims. The Court granted Call & Jensen’s motion, instantly reducing a class action to a two-plaintiff case. Additionally, the Court granted the firm’s motion to stay the plaintiffs’ representative cause of action under California’s Private Attorneys General Act (“PAGA”), pending the arbitration of the individual claims. The question of whether to stay such claims is a new one for the courts, as the California Supreme Court only a few months ago sent the question to the lower courts to decide, in the Iskanian v. CLS Transportation Case. The team consisted of Jacqueline Beaumont and Julie Trotter.
In another recent matter, Call & Jensen obtained a significant victory for a unionized employer in the construction industry in compelling the plaintiff’s class action case to arbitration pursuant to the terms of the parties’ Collective Bargaining Agreement (“CBA”). The plaintiff alleged typical wage-and-hour violations on behalf of a class of former and current employees in California including overtime, meal periods, rest breaks, and record keeping violations. Call & Jensen’s client anticipates that the arbitrator will then rule that the CBA does not provide for the filing of class action results which will then result in the complete and early dismissal of all of plaintiff’s class claims. Further updates are anticipated but this result puts the client on the way to obtaining an early dismissal of all class claims, taking a potentially significant case and reducing it to a single plaintiff arbitration. The team consisted of John Egley and Joshua Simon.
These considerable victories follow on the heels of a successful motion to compel arbitration for another Call & Jensen client in the consumer financing and loan servicing industry earlier this year. Early in the case, the firm successfully secured a dismissal of all class wage and hour claims, and an order compelling a would-be class plaintiff to individual arbitration with her employer. The team consisted of John Egley and Jacqueline Beaumont.
November 7, 2014
Summary Judgment Victory: National Retailer in Trademark/Unfair Competition Case
Call & Jensen obtained summary judgment in favor of a prominent national retailer in an action alleging trademark infringement, unfair competition, false advertising, and conspiracy. The plaintiffs, suppliers of tags and trims in the apparel industry, sought damages in excess of $10 million. After a lengthy discovery process, including a Call & Jensen victory on a motion to compel, the Court agreed with Call & Jensen’s arguments and granted summary judgment. The team consisted of Scott Shaw, Mark Eisenhut, and Samuel Brooks.
November 4, 2014
Defense Judgment: Employment Case Victory By Motion for Summary Judgment
On behalf of a national retailer, Call & Jensen obtained a complete dismissal of all of the plaintiff’s claims by a motion for summary judgment. In the First Amended Complaint, the plaintiff alleged causes of action for race and gender discrimination, harassment, and retaliation based on his long tenure of employment. Despite some inflammatory allegations, including plaintiff’s assertions of a supervisor using the “N” word, Call & Jensen obtained a complete dismissal of the plaintiff’s claims. Although plaintiff’s complaint demanded more than one million dollars in damages, the trial court ruled that the plaintiff should take nothing from his complaint. The team consisted of Scott Shaw and John Egley.
October 20, 2014
Defense Victory: DISMISSAL OF $1 MILLION CLAIM AND JUDGMENT FOR $6 MILLION ON CROSS-CLAIM
At trial, Call & Jensen’s attorneys recently obtained a complete dismissal of a $1 million claim against their municipal client and obtained a $6.2 million judgment on their cross-claim against the contractor who had sued the city. The contractor had sued the city to try to recover money that had been withheld as liquidated damages after the contractor failed to complete a municipal project on time. At trial, Call & Jensen proved that the contractor was unlicensed because it had relied on a sham employee to obtain a license and was thus barred from any recovery. Call & Jensen also proved that the city was entitled to disgorgement of all compensation paid to the contractor plus attorney's fees and costs--for a total judgment of over $6.2 million. The team consisted of Wayne Call, Todd Bouton, and paralegal Kathy Casford.
September 10, 2014
Honor: Awarded California Labour & Employment Law Firm of the Year 2014
Call & Jensen recently added another accolade in receiving the 2014 Corporate LiveWire Global Awards for Labour & Employement Law Firm of the Year (California). The 2014 Global Awards are awarded to individuals and businesses who have demonstrated distinction in the world of corporate finance. The business and corporate advisory awards are for those who continually innovate through ingenuity and consistently perform all over the world.
September 10, 2014
Honor: NINETEEN CALL & JENSEN ATTORNEYS NAMED SOUTHERN CALIFORNIA "SUPER LAWYERS" AND “RISING STARS”
Call & Jensen attorneys are well represented in Super Lawyer Magazine’s 2014 list of Southern California “Rising Stars.” Fifteen Call & Jensen attorneys are named “Rising Stars” – a designation awarded to no more than 2.5% of California attorneys who have attained a high degree of peer recognition and professional achievement. According to Super Lawyer Magazine, the Rising Star designation is intended to recognize the state’s top up-and-coming attorneys. Call & Jensen congratulates the following attorneys: Jackie Beaumont, Todd Bouton, Debbie Gubernick, Aaron Renfro, Scott Hatch, Dave Sugden, Ryan McNamara, Kent Christensen, John Egley, Melinda Evans, Virginia Miller, Delavan Dickson, Joshua Simon, Samuel Brooks, and Scott Shaw for receiving this designation in their respective areas of practice. Call & Jensen also congratulates Wayne Call, Mark Eisenhut, Julie Trotter, and Matthew Orr for their designation as 2014 Super Lawyers.
August 21, 2013
Defense Victory: Dismissal of $10 Million Claim and $4 Million Judgment on Cross-Claim
At trial, Call & Jensen’s attorneys recently obtained a complete dismissal of a $10 million claim against their bank client and obtained a $4 million judgment on their cross-claim against the Plaintiffs and Cross-Defendants. Call & Jensen’s client was sued by a developer and several corporate entities in a dispute over a failed construction project and millions of dollars owed on guarantees for the underlying construction loan. After trial, Call & Jensen obtained a complete victory – achieving a dismissal of all the plaintiffs’ claims and a complete recovery of over $4 million plus attorney’s fees and costs.
July 24, 2013
Honor: Fourteen Call & Jensen Attorneys Named Southern California "Super Lawyers" and “Rising Stars” by Super Lawyer Magazine
Call & Jensen attorneys are well represented in Super Lawyer Magazine’s 2013 list of Southern California “Rising Stars.” Twelve Call & Jensen attorneys are named “Rising Stars” – a designation awarded to no more than 2.5% of California attorneys who have attained a high degree of peer recognition and professional achievement. According to Super Lawyer Magazine, the Rising Star designation is intended to recognize the state’s top up-and-coming attorneys. Call & Jensen congratulates the following attorneys: Jackie Beaumont, Todd Bouton, Debbie Gubernick, Aaron Renfro, Scott Hatch, Dave Sugden, Ryan McNamara, Kent Christensen, John Egley, Julie Trotter, Vonn Christenson, and Scott Shaw for receiving this designation in their respective areas of practice. Call & Jensen also congratulates Wayne Call and Mark Eisenhut for their designation as 2013 Super Lawyers.
June 19, 2013
Honor: CALL & JENSEN AWARDED CALIFORNIA LABOUR & EMPLOYMENT LAW FIRM OF THE YEAR
Call & Jensen was recently honored in receiving the 2013 Corporate LiveWire Global Award for California Labour & Employment Law Firm of the Year. The Global Awards identify the successes of businesses, finance firms and individuals who have led the way in every sector over the past twelve months. They are compiled by Corporate LiveWire, a resource for professionals in the global corporate and business community, to honor those who standout as consistently showing best practice and innovation in their work. Call & Jensen is honored to receive this award alongside fellow law firm awardees including Gibson Dunn, Littler, Latham & Watkins, DLA Piper, and Davis Polk & Wardwell.
May 23, 2013
Defense Victory: Class Action Dismissed on Motion to Compel Arbitration
Call & Jensen obtains complete dismissal of all class claims in complex wage and hour department of Los Angeles Superior Court based on the parties’ execution of an arbitration agreement.
April 17, 2013
Defense Victory: Efficient Resolution of Class Action on a Single Plaintiff Basis
Call & Jensen obtains dismissal of a class action misclassification case by resolving case on favorable single plaintiff basis and the dismissal of the alleged putative class.
April 16, 2013
Defense Victory: PAGA Claims Wiped Out on Demurrer
Call & Jensen obtains dismissal with prejudice of PAGA claims at the pleading stage enabling its client to avoid exposure to statewide penalties for alleged violations of the labor code.
March 8, 2013
Defense Victory: PAGA and Class Claims Dismissed at the Pleading Stage with Prejudice
Call & Jensen obtains complete dismissal of class and PAGA claims, with prejudice, at the pleading stage in a hard fought action raising novel issues regarding joint employment and staffing companies.
November 7, 2012
Defense Victory: Nationwide FLSA Claim Torpedoed at Conditional Certification
Call & Jensen defeats conditional certification of a nation-wide FLSA claim for unpaid overtime and minimum wages.
October 10, 2012
Defense Victory: National Class Claims Under the FLSA Fail
Call & Jensen defeats conditional certification of claims brought under the Fair Labor Standards Act in a national off the clock case notwithstanding the low plaintiff’s threshold for conditional certification of FLSA claims.
April 3, 2012
Defense Victory: SUMMARY JUDGMENT MOTION GRANTED IN $10M NEGLIGENCE CASE
Call & Jensen’s attorneys obtained a complete defense victory for their client when the Orange County Superior Court granted summary judgment against the plaintiffs in a hotly-contested toxic tort lawsuit. The plaintiffs, former Oakley employees, were represented by Michael Alder of AlderLaw, one of the most winning plaintiffs’ law firms in California. Plaintiffs alleged damages in excess of $10 million and a lifetime inability to work due to their alleged exposure to fumes via a printing machine installed at Oakley’s facilities. On the eve of trial and after extensive briefing on the issues, the Court granted Call & Jensen’s summary judgment motion. In its 12-page order, the court agreed with Call & Jensen that there was no foundation to Plaintiffs’ accusations against the firm’s client. Call & Jensen had previously prevailed on a separate summary adjudication motion in this action and, with this second victory, successfully terminated the lawsuit in its entirety.
February 2, 2012
INSURANCE COVERAGE WIN: DOUBLE SUMMARY JUDGMENT VICTORY FOR CALL & JENSEN’S CLIENT
When M.S. Industrial Sheet Metal’s insurer filed a declaratory relief complaint seeking a judgment that it owed no duty to defend M.S. Industrial in a personal injury action it was facing, M.S. Industrial found itself waging a two-front battle against both the personal injury plaintiffs and its own insurer. M.S. Industrial called upon Call & Jensen to defend it in both actions. Realizing the need to move strategically in claiming their client’s rights, Call & Jensen attorneys filed for summary judgment simultaneously with the insurer. The U.S. District Court for the Central District of California issued a ruling denying the insurer’s summary judgment motion, and granting Call & Jensen’s motion. The result means not only that Call & Jensen’s client will have insurance defense coverage, but the ruling also adds clarity to judicial interpretation of the total pollution exclusion, and is a decision that policyholders may be able to use to secure coverage notwithstanding this exclusion in the future.
December 22, 2011
Defense Victory: Entire Employment Class Action Dismissed by Resolving Individual Claims
After identifying flaws in the Plaintiff’s wage-and-hour class action seeking unpaid overtime wages and penalties for missed meal periods, Call & Jensen obtained a complete dismissal of all class claims and resolved the entire matter by settling the individual claims brought by the class representatives. The client thereby avoided the exposure of class-wide damages at an early stage of the case before substantial legal fees were incurred defending the action.
December 22, 2011
Defense Victory: Defense Motion for Summary Judgment Granted in Copyright Infringement Case
Call & Jensen obtained a complete defense victory in a copyright infringement case. Despite Plaintiff possessing a copyright registration which appeared to be valid, Call & Jensen obtained a ruling from the Court holding that Plaintiff’s purportedly copyrighted design did not share a single point of objective similarity between any protectable element of its design and the alleged infringing garment. After granting the motion for summary judgment, the Court awarded Call & Jensen its attorneys’ fees and costs as the prevailing party under the Copyright Act.
September 15, 2011
Plaintiff Victory: SURPRISE SEARCH AND SEIZURE WITH U.S. MARSHALS
After discovering its client’s telecommunications products were being counterfeited overseas and imported into the United States for sale, Call & Jensen, accompanied by four U.S. Marshals, helped secure a temporary restraining order, preliminary injunction, and the lawful search and seizure of almost 2,000 counterfeit telephones from a Los Angeles warehouse.
August 15, 2011
Defense Victory: Entire Employment Class Action Dismissed
After identifying flaws in the Plaintiff’s wage-and-hour class action seeking unpaid overtime wages and penalties for missed meal periods, Call & Jensen obtained a complete dismissal of all class claims and resolved the entire matter by settling the individual claims brought by the class representatives. The client thereby avoided the exposure of class-wide damages at an early stage of the case before substantial legal fees were incurred defending the action.
July 4, 2011
Defense Victory: MULTIPLE CIVIL RIGHT LAWSUITS DISMISSED
When multiple 7-Eleven convenience stores were targeted by a serial ADA Plaintiff in Florida, 7-Eleven turned to Call & Jensen. After filing a motion to dismiss each of the complaints and catching Plaintiff lying multiple times during deposition in one of the suits, the professional plaintiff gave up and voluntarily dismissed four suits against 7-Eleven in a single day.
February 8, 2010
Defense Victory: On the Eve of Trial, Plaintiff Dismisses Lawsuit with Prejudice
After repeatedly demanding many thousands of dollars from Call & Jensen's client, U.S. Bank, the Plaintiff dismissed all of his claims with prejudice on the eve of trial. The Plaintiff's dismissal was the result of a detailed, interrogating deposition, and surveillance video that exposed falsehoods in the Plaintiff's allegations.
December 17, 2008
Defense Victory: Unanimous Verdict After 18 Minutes Of Jury Deliberation
After only 18 minutes of deliberation, the jury returned with a unanimous verdict in favor of Call & Jensen's client and rejected the Plaintiff's claims that he had encountered discriminatory barriers within an Orange County Del Taco restaurant. Call & Jensen exposed the Plaintiff, who had filed approximately 200 identical lawsuits against California businesses and restaurants within one year, to the members of the jury – who reported that their unanimous defense verdict was reached “after 15 minutes of picking a foreman and 3 minutes of expressing shared outrage [at the Plaintiff]”. After Call & Jensen aggressively pursued and was awarded its client’s litigation costs, the Plaintiff quickly dismissed 4 additional lawsuits against the company. Call & Jensen's victory was highlighted by the Los Angeles Times, the Chicago Tribune, CNN, as well as the KFI•AM 640 radio program “The John & Ken Show.”
September 10, 2008
Defense Victory: Plaintiff Dismisses Lawsuits During Trial Cross-Examination
Plaintiff voluntarily dismissed all four of his lawsuits against Call & Jensen clients Del Taco, Carl’s Jr., and El Pollo Loco. The Plaintiff, a professional litigant with dozens of similar “access discrimination” lawsuits, voluntarily dismissed all four of his lawsuits after his credibility was shaken on the stand and his claims, which were originally filed as statewide class actions, were exposed as meritless. Call & Jensen's victory was featured in a Fox-11 News expose regarding the ongoing and unfortunate abuse of California’s Disabled Persons Act.
June 30, 2008
Defense Victory: Ninth Circuit Affirms Federal Antitrust and Malicious Prosecution Action
Call & Jensen successfully defended a Ninth Circuit appeal of a victory Call & Jensen had won for its client on malicious prosecution and antitrust claims. Call & Jensen’s client, European toolmaker Gillet Outillage, was sued under the Lanham Act, Clayton Act, and state tort law for trying to enforce an international patent. Gillet Outillage had voluntarily dismissed a previous patent lawsuit against a U.S. competitor when changes in technology reduced the financial benefit of continuing the infringement action. The U.S. competitor responded with antitrust and malicious prosecution claims against Gillet Outillage and its prior counsel. Call & Jensen won summary judgment for Gillet Outillage, and the judgment has now been affirmed in a published Ninth Circuit opinion.
June 17, 2008
Defense Victory: Trial and Appellate Victory in Homeowners Association Dispute
After achieving rare trial and appellate court victories for homeowners against their homeowners association in a high-end real estate dispute, Call & Jensen secured a further ruling awarding Call & Jensen's clients all of their attorneys' fees and recoverable costs.
June 17, 2008
Defense Victory: Court of Appeals Affirms Innovative Class De-Certification Strategy
The California Court of Appeals affirmed an innovative defense strategy Call & Jensen utilized to defeat class certification in an overtime case. In a lawsuit against BCBG women’s clothing boutiques, Call & Jensen gathered extensive evidence to defeat class certification by proving that BCBG managers’ work varies significantly from store to store and manager to manager. Rather than wait for the Plaintiffs to move for class certification, C&J successfully argued that the court could rule against class certification based on BCBG’s defense motion and the evidence gathered by C&J. The court granted BCBG’s motion and struck all the class action allegations from the complaint.
September 14, 2007
Defense Victory: Complete Trial Victory In Civil Rights Case
An Orange County jury took little more than an hour to decide that Call & Jensen client Marie Callender Pie Shops had not violated disability laws that a woman who uses a wheelchair cited when she claimed the size of the stalls at the restaurant chain's diner in Buena Park prevented her from getting access to the toilet. Jurors also rejected Plaintiff Sue Gasper's claim that our client was required to renovate bathrooms at all of its 136 locations in the western U.S. under the federal Americans with Disabilities Act and the state Unruh Act. (Gasper v. Marie Callender Pie Shops Inc., Case No. CV05-1435)
August 31, 2007
Defense Victory: Plaintiff’s Copyright Case Dismissed and Plaintiff is Ordered to Pay
In a significant victory for a major retail department store, Call & Jensen turned the tables on a copyright infringement Plaintiff by not only convincing the Plaintiff to dismiss its case with prejudice, but also by requiring the Plaintiff to pay Call & Jensen's client $20,000.
August 31, 2007
Plaintiff Victory: $10 Million Judgment in Warranty Fraud Case
Call & Jensen client Nortel Networks Corp., then North America's largest maker of telephone equipment, won a $10-million court judgment against two U.S. companies it accused of selling its equipment through a warranty-fraud scheme. Nortel alleged the Oklahoma companies, SMC Electronics LLC and Allied Solution Technical Center LLC, claimed to be operating a network under a Nortel warranty and received replacement parts for free. The two companies then re sold the warranty parts. Nortel's claims included trademark infringement, fraud, breach of contract, and deceptive acts and practices. "We are very pleased with the outcome in this case," a Nortel spokesman said. "This is a victory in the ongoing worldwide fight against piracy and demonstrates our commitment to putting an end to gray market fraud." The judgment issued a ruling of $10 million for damages, lawyers' fees, and costs.
March 30, 2007
Plaintiff Victory: $51 Million Settlement
Call & Jensen secured a $51 million dollar cash settlement for a large technology company against its supplier. The identities of the parties and details of the settlement are confidential.
March 11, 2007
Defense Victory: Overtime Class Action Dismissed
The United States District Court granted Call & Jensen's motion to strike the class allegations in a putative overtime class action seeking $50 million in damages.
January 16, 2007
Plaintiff Victory: $1.4 Million Arbitration Award
Call & Jensen achieved a $1.4 million judgment for its client, a prominent financial institution. After a multi-day arbitration trial, the arbitrator awarded $1.4 million plus interest, attorneys' fees, and costs to Call & Jensen's client.