Practice Groups

Case Summary

Jackson DeMarco Tidus Peckenpaugh ("JDTP") represents the Plaintiffs in the case of Tran, et al. v. San Diego County Superior Court, County of San Diego, et al., U.S. District Court Case No. 07-CV-1683 IEG (JMA).  The Lawsuit was filed in the U.S. District Court, Southern District of California on behalf of San Diego County Superior Court employees and the San Diego County Court Employees Association. The Tran lawsuit includes claims for wage and hour law violations, including violations of the federal Fair Labor Standards Act ("FLSA"), as well as breach of contract.

The Tran lawsuit asserts that the San Diego County Superior Court required the court employees to work overtime before and after their scheduled work hours and through meal and rest periods without compensation in violation of the Fair Labor Standards Act ("FLSA"). The lawsuit also asserts on behalf of the court employees and the SDCCEA a breach of contract claim as to the parties' written Memorandum of Agreement that governs the employment relationship between the court employees and the San Diego County Superior Court. The required activities include performing pre- and post-shift responsibilities; attending legal seminars on court operations, policies and procedures related to their work; obtaining, reviewing and completing paperwork related to their cases; calling counsel to discuss hearing schedule matters; and performing various other required tasks. The lawsuit includes claims that the court employees regularly worked overtime without compensation and that the department's managers were aware of such practices, which is in violation of the FLSA and in breach of the contract between the SDCCEA and the court.

JDTP has petitioned the court to certify the Tran lawsuit as a collective action, with approximately 1,000 similarly situated Superior Court employees potentially eligible to join the lawsuit as members. As a result of its initial research, JDTP believes that court employees holding the position of Children's Waiting Room Assistant, Collection Officer, Court Administrative Clerk, Court Interpreter, Court Operations Clerk, Courtroom Clerk, Exhibits Custodian, Independent Calendar Clerk, Material Specialist Paralegal, SARMS Coordinator, Senior Court Administrative Clerk, Senior Data Entry Operator, Senior Exhibits Custodian, Senior Material Specialist, Superior Court Worker, Probate Examiner, Probate Investigator, Court Operations Supervisor, Material Supervisor and Senior Court Operations Clerk were subject to similar work environments.

JDTP represents thousands of public employees including court employees, Police Officers and Sheriffs’ Deputies in a number of FLSA class action lawsuits alleging overtime violations for pre- and post-shift activities and missed meal and rest periods. Similar cases include: Abbe, et al. v. City of San Diego; Alaniz, et al. v. City of Los Angeles; Edwards v. City of Long Beach, Lockhart, et al. v. County of Los Angeles; Nolan, et al. v. City of Los Angeles and Reed v. County of Orange. Additionally, JDTP has served as Plaintiffs’ or Defendants’ counsel in a number of FLSA overtime cases involving claims against private entities for misclassifying employees with management sounding titles as exempt and other labor law violations. Representative FLSA overtime class action lawsuits or potential class actions include: Boyce v. 24 Hour Fitness; Coldiron v. Pizza Hut; Dibel v. Jenny Craig, Inc.; Hoke v. Construction Protective Services; and Rosello v. Domino’s Pizza.

Court Documents

First Amended Complaint and Demand for a Jury Trial; August 29, 2006

Press Release

08/29/07

San Diego County Superior Court Employees and San Diego County Court Employees Association File Overtime and Breach of Contract Lawsuit against the San Diego County Superior Court and County of San Diego

Join this Lawsuit

If you feel that you have worked for the San Diego County Superior Court under similar circumstances and you would like to join this case, you will need to complete and return a Consent to Join form. As in all FLSA cases, the statute of limitations continues to run against the claimant until they join the lawsuit.

If you want to join the Tran, et al. v. San Diego County Superior Court, County of San Diego, et al. lawsuit, it is important you do so as soon as possible. It can make a difference financially, since the less time you are a part of the case, the less time we can recover overtime on your behalf.

Consent to Join form for Tran, et al. v San Diego County Superior Court, County of San Diego, et al.

You can also request a “Consent to Join” form and the other necessary documents by contacting JDTP at (949) 851-7690.

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