Gordon Rees Scully Mansukhani Los Angeles Partners Calvin Davis and Crystal Yu secured summary judgment for their client, an independent contractor district manager for a national insurance company, in a highly contentious action filed nearly four and a half years ago.
A former insurance agent and his employee both alleged that GRSM’s client discriminated against and wrongfully terminated them on the basis of age. The plaintiff also alleged that GRSM’s client violated California’s wage and hour laws.
However, GRSM consistently contended throughout the matter that their client was not the employer. The plaintiffs sought multiple sessions of depositions of GRSM’s client and propounded substantial discovery on these issues, to the point that the court ultimately ordered the parties to a discovery referee. The referee later withdrew due to the plaintiffs’ counsel’s numerous unfounded accusations and personal attacks against the referee.
Despite such obstacles, GRSM secured the discovery and testimony it needed to move for summary judgment of all claims in favor of its client. In so moving, GRSM argued that the undisputed material facts demonstrated that the plaintiffs were not employees of GRSM’s client, and thus, the plaintiffs had no standing for any of the asserted claims.
In opposing, the plaintiffs failed to raise any substantive arguments, nor did they show the existence of any disputed material fact. Instead, the plaintiffs focused on the purported discovery mishaps and the alleged failure of the discovery referee to permit fair discovery, such that they needed additional time to conduct discovery to obtain facts essential to justify opposition.
The court agreed that the undisputed material facts demonstrated that the plaintiffs were not GRSM’s client’s employees and placed the burden on the plaintiffs to show any genuine issue of material fact. The court disagreed with the plaintiffs’ questioning of the discovery referee’s integrity for allegedly stonewalling the plaintiffs’ discovery efforts, finding no grounds for the plaintiffs’ accusations against the referee. The court also found no good cause for the plaintiffs’ delays in seeking discovery they claimed was needed. Lastly, the court declined the plaintiffs’ request at the hearing to file a substantive opposition, since the plaintiffs had failed to make any timely substantive arguments previously.
The client was very pleased with this outcome after more than four years of hard-fought litigation. The team secured this result with the invaluable assistance and support of Partner Candice Nam and Secretary Catalina Serrano. This outcome emphasizes GRSM’s dedication to diligently handling cases and advocating for clients across a diverse range of businesses. With a focus on proactive training and cost-effective strategies, GRSM’s experienced attorneys are well-prepared to address all aspects of employment-related matters, including wrongful termination and wage and hour claims.
Contact a member of GRSM's Employment Law practice group to learn how our attorneys can assist with your employment-related challenges.