Carnahan v. Lakeside Union School District (San Diego Superior Court)
Sam Sherman and Phil Simpler obtained a complete defense verdict in a jury trial alleging sexual assault by a fourth grade student. Plaintiff alleged the after school program director at the elementary school sexually molested her in his office. The case proceeded to trial against the program director for sexual molestation and the school district for negligent hiring, retention and supervision. After a three-week trial, the jury returned a verdict finding that the program director did not touch the student and that the school district was not at fault. Plaintiff did not receive any damages.
Suppici Labor Commissioner Claim
TencerSherman achieved a very favorable outcome for employer after a delivery driver alleged meal and rest period premiums, overtime wages, reimbursable expenses, liquidated damages, and waiting time penalties under the California Labor Code. After a hearing in San Bernardino, the Labor Commissioner only awarded the employee waiting time penalties of less than $800.
Eldridge Labor Commissioner Claim
Obtained a complete defense decision after a dental hygienist employee filed a claim with the Labor Commissioner in San Diego alleging her employer willfully failed to pay her wages after she submitted a letter of resignation. The employee claimed her employer owed her waiting time penalties. The Labor Commissioner held the employee did not meet her burden of proof to show that the employer willfully withheld wages and, therefore, was not awarded any penalties.
Isis R., Tamar R., Vanessa T. v. National School District (San Diego Superior Court)
Obtained a complete defense jury verdict against all three plaintiffs in student sexual assault case. The plaintiffs alleged their third grade elementary school teacher sexually assaulted them while in class and that the elementary school was at fault for negligent hiring, retention, and supervision of the teacher. Plaintiffs claimed $40 million in damages and the case involved over 70 depositions. After a three-week trial, the jury returned a verdict finding that the teacher did not sexually assault any of the three students and that the school was not at fault. The complete defense verdict did not award any damages to any of the three plaintiffs.
Dirkes v. San Diego Unified School District (San Diego Superior Court)
Obtained a complete defense decision in a bench trial for claims of employment related harassment, discrimination and retaliation brought against a San Diego Unified School District elementary school principal. Plaintiff, a special education teacher, alleged the school principal took adverse employment action against her and forced her to retire from teaching at the school’s special education program. Sherman successfully tried the case to close on the grounds that the constitutional claim that the teacher alleged lacked merit under the facts arising at the school.
Quake Global, Inc. v. Fleet Management Solutions (San Diego Superior Court)
Brought suit for breach of contract for failure to pay for goods purchased from Quake Global. Successfully obtained an ex parte writ of attachment against Fleet, whereupon it settled with Quake for all monies owed, interest and attorney’s fees.
Public Storage v. Pietsch (San Diego Superior Ct)
Obtained an early favorable settlement on a breach of lease agreement claim, where defendant paid a minimal amount of balance owed.
Gateway Colorado Properties v. Law Offices of Bruno Flores (San Diego Superior Ct)
Obtained an early favorable settlement on a breach of lease agreement claim, where defendant paid a fraction of balance owed.