Hon. Cesar Sarmiento, Ret.

Construction Breach Of Contract

• Condominium owner suing her Home Owners Association for repair to common and private areas of condo complex.
• General Contractor sued owner over dispute involving the construction of an apartment complex. The Plaintiff was arguing the original contract was abandoned and that he was entitled to recover an amount in excess of the Guaranteed Maximum Price.

Construction Defects

• Disputes involving commercial, residential, and condominium projects involving all trades
• Dispute regarding 10,000 square foot home in Beverly Hills between owner and general Contractor and related cross complaints
• Lawsuit involving four-unit condominium project between builder and general contractor over delays and defects
• Dispute between general contractor and subcontractor hired to do excavation, shoring, and concrete work on condominium project
• Matter between dentist and architect over planning, design, and construction of dental office
• Indemnification action by general contractor against subcontractors arising from construction on Beverly Hills mansion
• Matter between dentist and architect over planning, design, and construction of dental office
• Lawsuit involving comedy club suing contractor over work performed to building
• Professional negligence case against an architect.

Breach of Contract

• Employment dispute involving Private Attorney General Act (PAGA) against national fast food franchise
• Mediated breach of employment contract dispute with investment banking firm and employee regarding equity interest in the company
• Mediated breach of duty of loyalty and theft of trade secrets case between Mortgage Company and its President

Discrimination

• Handled countless employment cases involving both small businesses and large national corporations involving discrimination based on gender, race religion and disability, sexual harassment, retaliation, wage and hour, overtime, misclassification and pregnancy disputes
• Dispute involving breach of employment contract and unlawful termination of executive of major movie industry special effects company
• Mediated a pre-filing disability discrimination with failure to accommodate matter between a credit card company and employee
• Mediated disability discrimination, failure to accommodate, retaliation and wage and hour dispute involving an international airline company
• Employment discrimination case against a fast casual restaurant chain. Plaintiff alleged that the restaurant terminated her because she was pregnant.

Hostile Environment

• Matter arising from employee alleging sexual harassment claims against major metropolitan county office

Sexual Harassment

• Employment wage and hour case, with allegations of sexual assault.
• Sexual harassment case arising out of a dentist's office. Additional claims of discrimination based on gender were made by multiple employees.
• Employment case: Plaintiff alleged discrimination, unlawful termination based on pregnancy and sexual harassment.
• This was sexual assault and harassment, hostile working environment in the work place employment case.

Wage and Hour

• Employment case. Issues: 1) independent contractor vs employee status and 2) commissions owed.
• Handled countless employment cases involving both small businesses and large national corporations involving discrimination based on gender, race religion and disability, sexual harassment, retaliation, wage and hour, overtime, misclassification and pregnancy disputes
• Numerous wage and hour, overtime claims, meal and rest period actions against national fast food franchises and retail chain stores

Whistleblower Wrongful Term

• Plaintiff alleged he was wrongful terminated for reporting fraud on a public transportation project.

Wrongful Term & Discrimination

• Employment case. Plaintiff alleged she was constructively terminated due to racial discrimination.

Wrongful Termination

• Claim against national retailer resulting in multi-million dollar settlement
• Numerous actions against national fast food franchises and retail chain stores Dispute involving unlawful termination of executive of major movie industry special effects Company
• Failure to accommodate and wrongful termination claim against national retailer resulting in multimillion dollar settlement
• Mediated dispute involving wrongful termination based on pregnancy and disability against insurance company employer
• Employment dispute involving Private Attorney General Act (PAGA) against national fast food franchise
• The Plaintiff was a caregiver for the decedent. He sued the Trust that employed him for overtime wages and penalties.

Entertainment Issues

• Breach of contract dispute between movie camera designer/manufacturer and Japanese distributor
• Dispute between major Hollywood actor and investors over a new casino/hotel operation in Beirut, Lebanon
• Dispute involving unlawful termination of executive of major movie industry special effects company
• Mediation of case involving NBA franchise and head coach regarding breach of employment contract dispute over salary owed after termination
• Dispute between agent and television sitcom actor regarding commissions owed Several cases involving musicians and actors against their agent or management over commission disputes
• Partnership dissolution dispute involving a talent agency
• Dispute among producers of Sports Documentary over credits and profits distribution

Coverage

• Negligence and conversion causes of action arising from the theft of a trailer from a vehicle storage business.

Property Damage

• The defendant's golf course construction caused mud slide which destroyed Plaintiff's home.

Subrogation

• Workers Compensation carrier suing the defendant for the recovery of funds paid in workers' comp action. Plaintiff suing for general damages.
• Insurance subrogation action. The insurance company sued manufacturers and the retailer for selling an allegedly defective remote control car battery. The insured's battery exploded while charging resulting in property damage from fire.

Medical Malpractice

• Medical malpractice case against 2 doctors. The plaintiff's wife died on the operating table during a surgery to remove a mass in the neck.
• Medical Malpractice case arising out of a donor nephrectomy
• Medical malpractice matter against doctor and hospital for death of elderly patient Lawsuit against nightclub resulting from fight involving club bouncers against patrons
• Medical malpractice case against doctors for over prescribing iron treatment to Plaintiff. Plaintiff was self represented.

Prof Malpractice Accounting

• The defendant is a CPA. His firm failed to pay employment taxes to the EDD and IRS. The plaintiff was seeking recovery of the interest and penalties the IRS and State EDD imposed. In addition the Plaintiffs were seeking recovery of legal and accounting fees incurred in dealing with the IRS and assessing the amount of their losses.

Breach Of Contract

• Complicated HOA case involving HOA, Management Company, Foreclosure Co., individual HOA board members and residents. Settlement involved refiling with recorders' office lien assessment documents.
• Home seller refused to pay sales commission to broker on the sale of a house.

Buy/Sell

• Purchase of residential real estate dispute. Buyer cancelled the escrow and the issue was whether the seller was entitled to keep the deposit or if it should be returned to buyers.

Home Owners Association

• Dispute between homeowners and the Home Owners Association over the location of a bus stop.
• Homeowners Association dispute. The common area floor joists sunk causing damage to the Plaintiff's condo unit. Dispute is over who has to pay for particular items of damage.
• Dispute between condo unit owner and HOA over damage to property and failure to comply with CCR's and by laws.

Landlord/Tenant

• Commercial lease dispute involving a health food/juice restaurant. The dispute involved construction on the leased property and the subsequent building code violations. The property owner filed an unlawful detainer to evict the tenant for violation of the lease terms. The tenant filed a declaration relief action. Case settled by a modification of key terms of the lease.

Real Property

• Disputes between homeowners regarding ocean view obstruction in upscale suburban neighborhood
• Fence line dispute between apartment building owners in major metropolitan city
• Adjacent neighbor dispute arising from property owner allegedly dumping construction debris into backyard resulting in landslide hazards
• Tenant dispute against Homeowners Association (HOA) involving 100+ condominium complexes over construction and repairs
• Dispute between downhill homeowners against uphill homeowner when mud slide flooded their homes
• Numerous HOA suits against condominium owners for unauthorized construction
• HOA disputes with tenants renting units for short-term vacations
• Lawsuit to have foreign country judgment recognized in California arising from dispute related to real estate transaction
• Numerous cases involving easement disputes
• Residential Property dispute between neighbors involving an easement.

Warranty of Habitability

• Warranty of Habitability case involving 28 unit apartment building.
• This is a personal injury case arising out of exposure to mold in the Plaintiff's rental apartment.
• Warranty of habitability case involving131 plaintiffs.

Common Carrier

• Numerous disputes for injuries sustained by passengers on metropolitan transportation authority buses

Food Safety

• Plaintiff alleged that she became sick from E.coli virus from dining at the Defendants' restaurant.

General Negligence

• A natural gas provider alleged a cause of action for inverse condemnation against an electricity supply company and a City. The gas provider alleged that the electricity supply company's power surge caused damage to City's water pipe which caused 6-figures worth of damage.
• Plaintiff sued a cemetery because of a botched burial. First, the casket would not fit into the grave sight because the handles were too wide. Then, they had to open the casket, move the body around, tear out the lining and unscrew the handles. This took place at the grave sight as the family members observed the whole process.

Personal Injury

• The plaintiff suffered second and third degrees burns on most of his body from an apartment building fire. Parties agreed to a seven-figure settlement.

PI Auto

• Bad faith insurance arising out of a personal injury auto/pedestrian accident.
• Car accident case involving high profile political/celebrity personality.
• First party insurance case arising out of a car on bike accident. Defendant driver was underinsured.
• Motor scooter accident involving broken tibia and fibula and disputed TBI.
• Countless lawsuits involving automobile accidents, premises liability, slip and fall, medical malpractice, legal malpractice, and wrongful death
• Dispute arising from head trauma injury resulting from individual falling from motorized two-wheeled personal transport vehicle

PI Sexual Assault

• Plaintiff alleged sexual abuse against the mother of one of his high school friends.

Premises Liability

• Laborer injured on construction site. Along with the usual issues involved in personal injury cases, this case involved complications relating to the Worker's Compensation lien.
• Dispute against large coastal municipality when individual was injured after wave swept her off a breakwater structure
• Mediated premises liability case where a woman fell through an improperly filled construction ditch while running through a college campus
• Mediated serious injury claim involving an employee on a college campus Mediated premises liability matter on private college campus where stage collapsed on an assembly attendee
• Mediated numerous injury matters occurring in parking lot and parking structures
• High-profile celebrity case. Actor/comedian accused of assaulting a driver.

Product Liability

• Breach of contract involving Hardwood Floor manufacturer.
• Dispute against major metropolitan city for improper roadway design
• Property damage case involving the Homeowners Association with multiple parties, subrogation actions and insurance issues.
• The Plaintiff alleged that the stem on the bicycle broke causing him to crash. The Plaintiff argued that the metal alloy used in the stem was not suitable for use as a bicycle stem.

Toxic Torts

• Disputes involving toxic mold complaints

Wrongful Death

• Wrongful death claim against major metropolitan city when elderly man tripped and fell in airport parking structure
• Mediated high-speed freeway accident case involving multiple vehicles and injuries including a wrongful death claim