Mr.Desai’s Published Decisions in Class and Collective Actions Include:
Shook, et al. v. Indian River Transp. Co., 2014 U.S. District LEXIS 174395 (E.D. Cal. Dec. 16 2014) (holding that FAAAA does not preempt wage claims for either intrastate or interstate truck drivers).
Aguirre, et al. v. Genesis Logistics, SACV 12-00687 JVS (C.D. Cal. Dec. 30, 2013) (awarding largest PAGA judgment in California of $500,000 for paystub violations).
Cardenas v. McLane Foodservice, Inc., 796 F.Supp.2d 1246 (C.D. Cal. 2011) (granting truck drivers motion for summary judgment of pre and post-shift claims under California Labor Code where employer paid with piece rate wages; and denying defendant’s motion for preemption under FAAAA).
Parks v. Eastwood Ins. Services, 2005 WL 6007833 (C.D. Cal. 2005) (unpublished) (granting class counsel’s fee award of $2.1 million despite class only receiving $1.2 million in judgment in FLSA collective and UCL class action because defense counsel were overly aggressive).
Tomlinson v. Indymac Bank, F.S.B., 359 F.Supp.2d 898 (C.D. Cal. 2005) (holding that FLSA non-opt-ins were not barred from bringing opt-out class claims under the UCL).
Parks v. Eastwood Ins. Services, 2004 WL 5506689 (C.D. Cal. 2004) (unpublished) (granting plaintiff’s motion for summary judgment on FLSA liability claims for automobile sales agents under retail or service establishment exemption).
Delgado v. Ortho-McNeil, Inc., 2007 WL 2847238 (C.D. Cal. 2007) (unpublished) (granting pharmaceutical representatives’ motion for conditional class certification under the FLSA).
Cardenas v. McLane Foodservice Inc., 2011 WL 379413 (C.D. Cal. 2011) (unpublished) (allowing PAGA claims in federal court because these claims do not violate defendant’s due process rights).
Parks v. Eastwood Ins. Services, 2002 WL 34370244 (C.D. Cal. 2002) (unpublished) (granting auto insurance salespersons’ motion for nationwide class certification under the FLSA).
McClendon v. Automobile Club of Southern California, 2011 WL 204606 (Jan. 24, 2011) (unpublished) (reversing denial of class certification for sub-class).
Lopez v. Nissan North America, Inc., — Cal.Rptr.3d –, 2011 WL 6016184 (2011) (clarifying standard for odometers tolerance standards even though class ultimately denied right to proceed).
Tomlinson v. Indymac Bank, F.S.B., 359 F.Supp.2d 891 (C.D. Cal. 2005) (holding that meal and rest breaks constitute wages not penalties for purposes of the UCL before Murphy).
Flint v. Tuesday Morning, Inc., 2005 WL 1668734 (July 18, 2005) (unpublished) (affirming approval of class action settlement over objections from companion action over same claims).
Delgado v. Ortho-McNeil, Inc., 2009 WL 2781525 (C.D. Cal. 2009) (granting defendants’ motion for summary judgment holding pharmaceutical representatives are outside salespersons under FLSA) (writ to U.S. Supreme Court granted in related action).
Parks v. Eastwood Ins. Services, 240 Fed. Appx. 172 (May, 9, 2007) (Ninth Circuit ruling affirming substantial fee award in FLSA collective class action).
Parks v. Eastwood Ins. Services, 2003 WL 25682286 (C.D. Cal. 2003) (unpublished) (denying defendants § 1292 request to appeal grant of plaintiffs’ motion for summary judgment on liability for FLSA overtime claims).
Parks v. Eastwood Ins. Services, 2003 WL 25682285 (C.D. Cal. 2003) (unpublished) (granting plaintiffs FLSA calculation of wages despite the FWW and denying defendant’s motion to decertify class).