Andrew L. Satenberg

For fast food chain Del Taco Holdings Inc., Satenberg in March defeated class certification on key issues in a wage and hour potential class action filed by the client's current and former general managers. The plaintiff claimed that the managers were misclassified as exempt employees but were instead entitled to overtime and meal and rest break premiums.

"First, we narrowed the scope of the class," Satenberg said, by using arbitration agreements the current managers had signed to eliminate them as potential plaintiffs. Former managers, who worked for Del Taco before arbitration agreements were added to standard employment contracts, remained. "We cut the class from 400 to fewer than 75," he said, "cutting our client's potential liability by more than 75 percent."

But by cutting out the managers who still worked for Del Taco, Satenberg had the problem of locating the former managers to conduct discovery. "We didn't have access to them as potential class members, because the client does not keep track of former workers," Satenberg said. "So we had to use more creative arguments." He persuaded San Bernardino County Superior Court Judge Wilfred J. Schneider Jr. that the claims could not be adjudicated on a class basis because individualized determinations would be needed for each class member. "A judge or jury could not make an informed ruling on liability or damages," Satenberg contended. On March 4, Schneider agreed. Lopez v. Del Taco LLC, CIVDS1308075 (San Bernardino Super. Ct., filed July 12, 2013)

For hospital and nursing home client Kindred Healthcare Inc., Satenberg prevailed on summary judgment against wrongful termination and harassment claims by plaintiff Starla Mabin. As a former human resources director for Kindred, Mabin was a particularly challenging plaintiff, Satenberg said. Such employees often know sensitive and potentially damaging information about their employers, which can be leveraged for lucrative settlements or large damage awards.

"Despite this, we took an aggressive approach to the litigation," Satenberg said. After multiple rounds of briefing and oral argument, Los Angeles County Superior Court Judge Soussan G. Bruguera ruled for his client, adopting every argument Satenberg had asserted for Kindred. Mabin v. Kindred Healthcare Operating Inc., BC525172 (L.A. Super. Ct., filed Oct. 21, 2013)

— John Roemer