Hon. George Hernandez (Ret.)

• Plaintiff claimed that he was entitled to severance pay upon termination of the contracting agreement that he had with the defendant.
• Plaintiffs alleged that the defendant's employee defamed their company by posting misleading information on the internet.
• De Facto corporation dissolution. Real estate corporation subchapters.
• Shareholder suit. The dispute involved whether plaintiff was still a director of Defendant Corporation, still a shareholder of Defendant Corporation, and whether the dissolution or merger of Defendant Corporation into another Corporation was null and void.
• Plaintiff, the brother of the Defendant, filed a complaint against the defendant alleging fraud and deceit, constructive fraud, violation of the Welfare and Institution Code (Elder Financial Abuse) and for cancellation of the Deed. The defendant obtained a document purporting to be a Quit Claim Deed from her father by having her father mark an AX@ on the document in an attempt to have the real property transferred to her exclusively at a time when her father was gravely ill in the hospital.

• A corporation brought an action alleging misappropriation of trade secrets, breach of contract, and violation of Bus. & Prof. Code, § 17200, arising from defendant corporation's marketing of a product alleged to be based on a process developed by plaintiff. The trial court granted summary judgment for defendant on all three causes of action on the ground that they were barred by the applicable statutes of limitations. The Court of Appeal affirmed.
• In a case involving the lease of commercial property to operate a grocery store, a separate meat counter and a check cashing business, the court organized, simplified and held a complicated jury trial that resulted in extensive pre- and post-trial motions that included a judgment for punitive damages.
• In a consolidated action involving two public works projects, a subcontractor sued the general contractor and the public entities over failure to pay. The general contractor cross-complained over failure to complete the contract, failure to pay prevailing wages to its workers and fraud. One of the members of the subcontractor filed bankruptcy after the case was filed. The court issued a partial directed verdict on the issue of standing and the remainder of the case settled.
• An energy company filed five separate actions including writs of mandamus and complaints for a refund of taxes paid to a city claiming that the city’s charges were a special tax, violated the California Constitution, violated the Commerce Clause and breached a contract with the city. The court made dispositive rulings that narrowed the case and streamlined the resolution of the case.
• Plaintiff attorney sued his bank for negligence following his deposit of a large check into his trust account that ultimately turned out to be counterfeit. There were issues relating to professional responsibility on the part of both the attorney and the bank that were resolved by the court. Ultimately the jury issued an award that the court adjusted and the case was settled on appeal.

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• Putative class sued employer and general contractor for unpaid wages and PAGA penalties. Employer sued general contractor for withholding contract payments. Employer sued his joint venture partner for contribution. One of the complaints was settled for a six-figure sum; other cross-complaints are ongoing.
• Putative class claimed that employees were not paid for breaks and lunch.
• Wage and hour class action against a national bank. This case actually consists of 3 cases. Class numbers 28,643 persons, who were employed by the bank as personal bankers. Case involves both state and federal claims.
• Class action in which plaintiffs contend that defendant, a state employer, entered into contracts by implication with its employees, promising to provide them state-sponsored medical benefits. The state defendant allegedly breached this implied contract by entering new management contract with a federal agency who would take over providing retirement medical benefits for ex-employees, which apparently were worse than those provided by the state. Plaintiffs sought peremptory writ of mandate directing the state to restore state-sponsored group health coverage to class members and their families and also requests that the state be directed to provide restitution and damages, with interest, for any losses suffered as a result of the impairment of their contractual rights.
• Class action case alleging that defendants (who ran nursing facilities) committed unfair business practices and violated Consumer Legal Remedies Act by advertising to clients that they provided skilled nursing care, when in fact they persistently failed to maintain statutorily required staffing levels and otherwise failed to provide adequate care. Parties reached settlement.

• Wage and hour class action case involving workers who staff various events (as usher, ticket taker, parking attendant, etc.). There are 3,699 class members, consisting of non-exempt employees of defendants. Plaintiffs primarily alleged that they did not receive meal and rest breaks, and that they weren't paid for all hours worked because they had to show up for work as much as an hour before they were paid to punch in.
• Wage and hour class action involving truck drivers. Class has 389 members, consisting of all defendant's non-exempt drivers in California. The drivers claimed that they were not given rest or meal breaks and worked through meal periods without compensation.
• Handled wage and hour class action case with 233 class members against defendant marketing company. Court granted preliminary approval of class action settlement.
• Handled a consumer class action for placing unsupported information regarding health benefits on the labels of coconut oil. Labels were changed immediately after the company received CLRA notice, but the litigation was necessary anyway in order to get the defendant's insurer involved.
• In a nationwide consumer class action seeking recovery of travel-related insurance premiums, the court granted motions for summary judgment on issues of conversion, heard and decided the trial in two phases covering contract interpretation and the conduct of the parties. All of the court’s decisions were upheld on appeal.

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• In a huge South County development, multiple plaintiffs claimed damages from alleged construction defects including land slippage. After many law and motion decisions, the parties settled the cases in stages monitored by the Court.

• Oversaw all of the probate cases in the Tri-Valley area. Litigants and our court investigators often submitted allegations of possible elder abuse that I would address at short law and motion type hearings in the context of conservatorships and Probate.
• Elder abuse allegations in the breach of fiduciary context in a contested conservatorship proceeding: In re: Risch case no. PH 25286-5.
• Children of an elder decedent claimed that the decedent lacked the mental capacity to execute donative transfers. In re: Hastie HG0 0735052.
• Brother of a decedent sought to undo a quitclaim deed alleging elder financial abuse on the part of the attorney.
• Heard a matter in which a care facility was accused of breaching the standard of care when it came to turning patients.

• From 1997 to 2000, Judge Hernandez was one of the three probate judges at the Alameda County Superior Court. He oversaw all of the probate cases in the Tri-Valley area, where most elder abuse issues arise in the context of conservatorships and Probate. Litigants and court investigators often submitted allegations of possible elder abuse that were addressed at short law and motion type hearings in the context of conservatorships and Probate.
• Handled elder abuse allegations in the breach of fiduciary context in a contested conservatorship proceeding: In re: Risch case no. PH 25286-5.
• Had a matter where children of an elder decedent claimed that the decedent lacked the mental capacity to execute donative transfers. In re: Hastie HG0 0735052.
• Handled a matter where the brother of a decedent sought to undo a quitclaim deed alleging elder financial abuse on the part of the attorney.
• Handled a matter in which a care facility was accused of breaching the standard of care when it came to turning patients.

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• Teacher brought suit against her school district former employer, claiming that she was not rehired for the subsequent school year because she complained about COVID procedures. The District claimed compliance with all required procedures.
• Plaintiff claimed that she was terminated because of her health challenges.
• Plaintiff claimed that he was wrongful terminated from his employment.
• Employees claimed that employer did not comply with the Labor Code.
• Handled a case in which the plaintiff claimed that he was terminated by his employer because of the employer's improper application of the employee absence policy.

• Plaintiff claimed that he was terminated because he complained about not getting his breaks and lunch time.
• Handled a case in which the plaintiff class claimed that they were misclassified as independent contractors.
• Settled an employment matter where the plaintiff claimed that he was not paid for overtime and meal breaks.
• Settled a whistleblower matter where the plaintiff claimed they were terminated from employment because they reported unhealthy conditions to authorities.
• Plaintiff claimed that she was terminated from her employment, however, it appeared that the termination was based upon facts that were demonstratively false.
• Presided over a whistleblower/wrongful termination jury trial (Yarborough v PeopleSoft).
• Presided over a wrongful termination/discrimination jury trial (Carvalho - RG05 231621).
• Presided over a wrongful termination trial against a school district (Mingo v. OUSD - 2002-042080).
• Presided over a wrongful termination/failure to accommodate/age discrimination/racial discrimination jury trial (Millar v. SFBART c-830013-9).
• Presided over a wrongful termination trial with a failure to accommodate element (Shakib v City of Fremont - FG05 230849).
• Action by four employees, as individuals and representatives of a class, alleging that employer failed to compensate them for all hours worked, including overtime hours, failed to provide them with meal and rest periods, and failed to provide them with accurate wage statements. The employer acknowledged that there were problems with record-keeping. However, the employer believed that his employees were fully compensated for all of the time they worked. Resolved at mediation.
• Wrongful termination dispute wherein plaintiff was terminated from her employment and the parties disagreed over the reasons she was terminated. Plaintiff, who was a manager, alleges that she was wrongfully terminated from her position because she complained about her employer submitting a report containing false data regarding the employer's minority and women employees to a federal agency that monitors affirmative action requirements and she complained about discrimination by her employer against minority employees. At the time of the termination, employer was undergoing an audit by the federal agency. Plaintiff further claimed that the timing of her termination was related to that audit and designed to prevent her from revealing the correct data to the agency during that audit.

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• In a case involving alleged industrial pollution, the State of California and the County jointly filed this case against major communications defendants alleging claims for violation of Hazardous Waste Control Law (H&S Code section 25100 et seq.) and Unfair Competition Law (B&P Code 17200 et seq.).
• Handled dispute involving a cannabis club that generates marijuana smoke, a chemical governed by Proposition 65, without providing required warning labels. A settlement was reached wherein the defendant’s products will now have appropriate warning labels since marijuana smoke cannot be eliminated.

• Tenants claimed that the house they left was uninhabitable, and sued the purchaser, as well as, the seller of the house.
• HOA claimed that owner permitted his tenants to violate the CC&Rs regarding noise and litter
• Settled a low six figure matter where the plaintiff claimed her HOA improperly shut down her home business.
• A tenant claimed that her apartment was uninhabitable because of smoke damage and plumbing issues
• Plaintiff claimed that her apartment's condition caused her injuries.

• Current and former residents of mobile home park, many of whom had signed leases providing for a general reference, sued park owners, alleging that owners failed to properly maintain the common areas and facilities within the park, and otherwise subjected the residents to substandard living conditions. Residents sought declaratory and injunctive relief. Owners petitioned to compel arbitration.

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• plaintiff was injured filling the tire of a truck she planned to acquire from defendants.
• Settled a case in which the plaintiff was bitten by the defendant's dog, receiving six puncture wounds and trauma.
• Plaintiff's ribs and shoulder were broken in an automobile incident. There were disputes relating to vicarious liability and whether the defendant was in the course and scope of his employment at the time of the impact.
• Patient claimed that the doctor should have diagnosed and treated kidney condition earlier.
• Medical malpractice dispute in which patient claimed that the doctor should have diagnosed and treated kidney condition earlier.

• Automobile service station operator brought asbestos action against numerous defendants, alleging negligence and products liability. After lawsuit proceeded to trial against single Michigan manufacturer of brake parts, judgment was entered on jury verdict for operator on negligence and products liability claims. Manufacturer appealed, and operator cross-appealed.
• Traffic accident victim brought personal injury action against driver and State. Following a jury verdict in favor of victim, judgment was entered for victim, awarding costs jointly and severally. State appealed. Court of Appeal affirmed.

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• Oversaw all of the probate cases in the Tri-Valley area. Litigants and our court investigators often submitted allegations of possible elder abuse that I would address at short law and motion type hearings in the context of conservatorships and Probate.
• Elder abuse allegations in the breach of fiduciary context in a contested conservatorship proceeding
• Children of an elder decedent claimed that the decedent lacked the mental capacity to execute donative transfers.
• Brother of a decedent sought to undo a quitclaim deed alleging elder financial abuse on the part of the attorney.
• Heard a matter in which a care facility was accused of breaching the standard of care when it came to turning patients

• Conservatorship dispute. Objectors allege that the former conservator has breached his fiduciary duty owed to the conservatee throughout the course of the conservatorship. Objectors requested that their objections be upheld and that a surcharge order be entered against the Former Conservator. The court ordered a surcharge and removed the conservator.

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• Neighbor dispute wherein Plaintiff alleged that Defendant trespassed onto his property and cut down or topped foliage. The plaintiff ultimately produced no evidence as to the identity of the perpetrator of the specific incident plaintiff testified he discovered. The plaintiff argued that the proof implicating defendants related to motive and opportunity, and that the defendant had a motive to cut down foliage to either “create” or “preserve” a view of San Francisco Bay. Defendants claimed they already had a view when the foliage was allegedly cut.

• Appeal from the Labor Commission's determination that plaintiff was a non-exempt employee entitled to overtime.
• Wage and hour class action against a national bank. This case actually consists of 3 cases. Class numbers 28,643 persons, who were employed by the bank as personal bankers. Case involves both state and federal claims.
• Wage and hour class action case involving workers who staff various events (as usher, ticket taker, parking attendant, etc.). There are 3,699 class members, consisting of non-exempt employees of defendants. Plaintiffs primarily alleged that they did not receive meal and rest breaks, and that they weren't paid for all hours worked because they had to show up for work as much as an hour before they were paid to punch in.
• Wage and hour class action involving truck drivers. Class has 389 members, consisting of all defendant's non-exempt drivers in California. The drivers claimed that they were not given rest or meal breaks and worked through meal periods without compensation.
• Handled wage and hour class action case with 233 class members against defendant marketing company. Court granted preliminary approval of class action settlement.

• Claimant alleged that medical provider's failure to discover spinal abcess resulted in permanent injury to spinal cord.