DLSE Chief Counsel Robert Roginson and his whacky employer defense theories! [click this link to print and read]

An anonymous source commented:

"Before taking his latest gig as DLSE's chief counsel, Robby Roginson cut his chops as a wage and hour class action litigator - on behalf of corporate employers. And you gotta give credit where credit is due, Robby was (is?) one hell of a creative hard fighting litigator for his employer clients. He was always coming up with creative, if not bizarre. legal theories to defeat (screw over) employees seeking to recover their unpaid wages. Like this one - the defense that if the employees bringing a lawsuit don't state the exact amount of money they claim they are owed in the complaint, the court must dismiss the complaint for "uncertainty" before the workers even get a chance to do any discovery to determine how much is owed. Never mind that the employer is supposed to have all of the records the workers need to get this information through discovery -- the whole idea, for these cheating employers, is to prevent the workers from getting through the courthouse door.

In a closely watched case in which Robby defended a public works contractor (cheater) by trying to throw out the employees' class action complaint on the ground of "uncertainty," the Second District Court of Appeal issued a decision last week in Gonzalez v. Western Pacific Roofing Corp, holding that Robby's defense is a bunch of crapola. The court reinstated that lawsuit that had been thrown out by the lower court. The appellate court explained, "Plaintiffs are only required to set forth the essential facts of their case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action. Plainitiffs are not required to plead the specific amount of damages."

http://www.courtinfo.ca.gov/opinions/nonpub/B196373.PDF [Blogger: I don't know how long this link will breathe, so click/print/read ASAP]

Within the employer community, Robby's defense was seen as the silver bullet that would kill off the vast majority of wage and hour class action complaints - cases in which it is impossible to determine the specific amount owed until plaintiffs complete their discovery.
So much for that employer (wet) dream.

Let's hope Robby learns some lessons from this appellate court smack down."

BLOGGER'S NOTE: This kinda crap is exatly why America hates lawyers; it's butt-licks like Roginson that give attorneys a bad name. It's bad enough that the employer screws over the employee, but the asshole lawyers hired by the employer don't do right by the law; they just try to slime their way through court with their never-ending bullshit. The only thing Roginson needs to put on his resume is, "all I ever wanted to be was a whore for a corporate law firm...momma woulda been proud." AND THEN, THOU SHALT BE POLITICALLY APPOINTED AT DIRt BY CAWLIFAWNIA GOVUHNAH TUHMINATAH. The Great State of California does not need douchebags as DLSE Chief Counsel; we have enough douchebags already. To make California stronger, we don't need assholes who have a vested interest in the outcome of private trials, given the likes of Angela Bradstreet and Robert Roginson; we need people who understand and can (correctly) apply their ethics training to the public they serve. For the record, I think that DLSE Chief Counsel Robert Roginson is a douchebag attorney who does not serve Californians, but serves his master, GAS (Governor Arnold Scwarzenegger). Just goes to show, having a big IQ and being a douchebag are not mutually exclusive.