Bryan J. Schwartz

One statistic haunts Schwartz, the founder of plaintiff-side firm Bryan Schwartz Law: about 82 percent of successful wage claims are never collected, due to evasive tactics by defendants. “That’s a staggering number,” Schwartz said, adding that it does not apply to his firm. “We’re coming after you, and you will have no place to hide.”

His case in point involves workers at two now-defunct sushi and shabu-shabu restaurants, Koji’s Japan, in Hollywood and Orange, who lost at the trial court level their effort to certify a class alleging wage and hour claims under state law against the restaurant’s owner, Arthur J. Parent Jr. The court also ruled that Parent, Koji’s president, sole shareholder and director, was not liable for the workers’ state law claims.

Schwartz appealed; in November a 4th District Court of Appeal panel reversed the trial judge and issued a ruling clarifying which legal standards apply in such cases. “My groundbreaking victory will make it easier for all workers at small businesses in California to recover unpaid wages from deadbeat business owners,” Schwartz said. Turman v. Koji’s Japan Inc., 30-2010-00425532 (Orange Super. Ct., filed Nov. 17, 2010); Turman v. Superior Court, 17 Cal.App.5th 969 (Cal. App. 4th Dist. Nov. 7, 2017).

The opinion allows the class action to go forward. “This case was a very small wage and hour matter when we launched it in 2010,” Schwartz said. “Mr. Parent could have done the right thing and settled it for a few hundred thousand dollars and called it a day. Now we’ll be seeking more than $6 million. We consider that we got total vindication in the court of appeal.”

In a separate matter, Schwartz obtained an award of nearly $1 million for the original named plaintiff in the suit, Amanda Quiles, a waitress whom Parent ordered to be fired after she sued him. The jury’s judgment includes back pay, emotional distress damages, punitive damages and attorney fees and costs. It is significant in part because the plaintiff had only $3,000 in underlying wage loss.

“Mr. Parent has avoided paying that judgment for years,” Schwartz said. But Schwartz’ pursuit was relentless, and in late June Schwartz was awarded about $500,000 for his collection efforts. “Mr. Parent has a yacht and a big house,” Schwartz said. “He has a few bucks. I think we’ll prevail there.” Quiles v. Koji’s Japan Inc., 30-2010-00425 (Orange Super. Ct., filed Nov. 17, 2010).

Reading the appellate opinion, Schwartz said “was one of the great feelings of my career. It struck me that Mr. Parent is like a mini-Trump who feels he’s above the law. But neither is above the law.”

— John Roemer