HIGHLIGHTS
Class Certification Defeated
Attorneys at Call & Jensen, in association with Rumberger Kirk & Caldwell, defeated class certification in an action which would have included tens of thousands of class members. Call & Jensen’s client is a leading, world-wide name-brand manufacturer of mattresses and pillows. After the denial of class certification, the trial team persuaded the district judge to divide the individual plaintiffs’ claims and transfer each plaintiff back to their home districts, leading to a favorable dismissal of all claims. The action was pending before the United States District Court in the Northern District of California. Call & Jensen attorneys handling the case included Mark Eisenhut, Matthew Orr, and Samuel Brooks.
Call & Jensen Secures Preliminary Injunction Against Former Officer
Call & Jensen secured a temporary restraining order and preliminary injunction in superior court against a former officer of Call & Jensen’s client, precluding the officer from unlawfully competing against the client by soliciting its customers and employees. The victory was obtained at the beginning stages of the litigation and protected Call & Jensen’s client from being raided by the former officer. The team consisted of attorneys Mark L. Eisenhut, Scott R. Hatch, and Joshua G. Simon.
Call & Jensen Secures Preliminary Injunction At Pleading Stage Of Trademark Infringement Case
At the outset of a trademark infringement lawsuit in federal court, Call & Jensen secured a preliminary injunction on behalf of a prominent medical device manufacturer against its competitors. Arguing against a tentative denying the preliminary injunction, Call & Jensen’s attorneys convinced the federal judge to change course, affirm the validity of the manufacturer’s key mark, and find that all elements of the preliminary injunction standard had been met. The team consisted of attorneys Mark L. Eisenhut, Samuel G. Brooks, and Joshua G. Simon.
Three-week Jury Trial Victory: Prestigious Private University Prevails In Multi-million-dollar Employment Discrimination And Harassment Lawsuit
Call & Jensen recently obtained a complete 12-0 defense trial verdict for its clients, a prestigious Southern California private university and one of its employees, following a three-week jury trial in the Superior Court of California, Los Angeles County. The lawsuit involved detailed claims of sexual harassment and discrimination, pregnancy harassment and discrimination, constructive discharge in violation of public policy, failure to prevent harassment and physical disability discrimination and unpaid overtime and missed meal and rest breaks. Although the plaintiff asked the jury to award more than $3 million in damages, the firm’s attorneys proved at trial that her claims were simply not credible. Attorneys David R. Sugden, Marlynn P. Howe, and Melinda Evans obtained the vindicating victory for their clients.
C&J Obtains Jury Verdict For Over $1m For Trade Secrets Misappropriation And Related Torts
In July of 2017, David Sugden and Scott Hatch helped Applied General Agency, Inc. (“AGA”) obtain a jury verdict of over a million dollars. The jury found in AGA’s favor as against Greenleaf Financial and Insurance Services, Inc., Christopher Mulder, and Lucas Johnson for Misappropriation of Trade Secrets and Negligent Interference with Prospective Economic Relations, as well as against Lucas Johnson for Breach of his Duty of Loyalty to AGA. The jury also found that Defendants’ misappropriation of trade secrets was willful and malicious which allows AGA to seek recovery of its attorneys’ fees. The three-week trial capped a litigation that included Call & Jensen obtaining an order for forensic inspection of the Defendants’ computers due to their discovery abuses, as well as monetary, issue, and evidentiary sanctions.
Firm Dismisses Trademark Infringement Action
Call & Jensen successfully secured dismissal at the pleading stage of trademark infringement claims brought against a prominent national client. In the order granting dismissal of the claims, the court held that the plaintiff had failed to support a plausible claim that the defendants’ use of a name for a new cosmetics line was likely to cause consumer confusion. This victory follows on the heels of Call & Jensen’s defeat of the plaintiff’s surprise ex parte application for a temporary restraining order involving these claims. The team consisted of attorneys Scott Shaw, Julie Trotter, and Lisa Wegner.
C&J Prevails Over Plaintiff’s Wrongful Termination, Discrimination, Harassment, And Retaliation Claims
Call & Jensen attorneys Julie Trotter, Delavan Dickson, and Shirin Forootan obtained summary adjudication on fifteen of seventeen causes of action alleged against a skilled nursing facility and one of its former Executive Directors, including on the Plaintiff’s wrongful termination, discrimination, harassment, and retaliation claims. The motion was largely premised on damaging admissions made by Plaintiff while she was being deposed by Ms. Trotter.
C&J Earns “Rising Stars” And “Up-and-Coming” Attorneys Honors
Call & Jensen is proud to announce that ten of its attorneys were named as “Southern California Rising Stars” by Southern California Super Lawyers Magazine in 2017. These outstanding lawyers were honored in their respective areas of practice for attaining a high degree of peer recognition and professional achievement – designations awarded to no more than 2.5 percent of California attorneys. In additional to being named Rising Stars, two of the firm’s attorneys were ranked amongst the highest in the Southern California region: Jacqueline Beaumont was selected as one of the Up-And-Coming 50 Women in Southern California, and Kent R. Christensen was selected as one of the Up-And-Coming Southern California 100. Call & Jensen congratulates the following attorneys on their selections as Rising Stars. Jacqueline Beaumont, Samuel G. Brooks, Kent R. Christensen, Jeffrey M. David, Delavan Dickson, John T. Egley, Shirin Forootan, Scott R. Hatch, Aaron L. Renfro, and Joshua G. Simon.
Shirin Forootan Appointed OCBA Director At Large
On November 16, 2016, Call & Jensen attorney, Shirin Forootan, was appointed to the Board of Directors for the Orange County Bar Association for a three-year term. In her capacity as Board Member, she remains committed to carrying out the mission of the OCBA, which is the enhance the system of justice, to support the lawyers who serve it, and to assist the community served by it. Within the OCBA, Ms. Forootan is very active with the homeless task force, amicus alo task force, community outreach committee, and mommy esquire committee.
Call & Jensen Defeats Motion For Preliminary Injunction In Trademark Infringement Case
After a hard-fought evidentiary hearing before a federal judge, Call & Jensen attorneys recently defeated a motion for a preliminary injunction in a trademark infringement lawsuit, in which the plaintiff was seeking to preclude the firm’s client from marketing millions of dollars in products with a name that the plaintiff claimed to own a valid trademark for. The successful defeat of the motion allowed Call & Jensen’s client to continue marketing its existing product, achieving business goals, and to reach a favorable settlement agreement regarding the dispute. The team consisted of attorneys Scott Shaw, Debbie Gubernick, and Todd Bouton, and paralegal Halai Hashimi.