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© 2012 Dorsey & Whitney LLP

  • Stockton State College (B.S., Business (Accounting), 1982), Honorary Program Distinction
  • University of Minnesota Law School (J.D., 1989), cum laude
    Phi Kappa Phi Honor Society
    Dean’s List

  • California
  • Admitted to practice in all California state courts
  • The United States District Court for the Central District of California
  • The United States District Court for the Southern District of California

John Baker

Partner
Southern California
P: (714) 800-1403
F: (714) 800-1499
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Mr. Baker is a partner in the Trial Group and specializes in civil litigation, including class actions, misappropriation of trade secrets, unfair competition, RICO, business torts, contractual disputes and employment litigation. 

He has won a substantial number of cases on summary judgment and other dispositive motions and has successfully represented clients in both jury and bench trials involving large compensatory, consequential and punitive damage claims.  In addition, he counsels clients on ways to avoid litigation and to resolve disputes before trial.

Representative Work

Fraud, RICO and Unfair Competition Litigation
  • Information Management Group, Inc. (“IMGI”) v. Telecom Solutions, Inc. (“TSI”), et al.
    IMGI sued our clients, TSI and three of its employees, for misappropriation of trade secrets, interference with prospective economic advantage, interference with contract and conversion.  We prevailed in a three week jury trial on all claims.
  • Shehata v. Crossland Mortgage, First Security Bank et al.
    This was a class action lawsuit filed against our clients, First Security Bank and Crossland Mortgage, alleging fraud, violation of the Racketeer Influenced and Corrupt Organizations Act, negligence, breach of contract, unfair competition and other miscellaneous claims in connection with the HUD 203k lending program.  In all, plaintiff filed approximately 16 claims against our clients, but we obtained dismissals of 14 of the claims pursuant to several motions to dismiss and a motion for judgment on the pleadings.  In addition, we prevailed against Plaintiffs’ motion to certify the class.  The remaining two claims were remanded to California Superior Court, where they were settled for less than $20,000.
  • Zager v. CorVel Healthcare, Inc.
    Class action lawsuit filed against our client, CorVel, alleging fraud, violation of the Racketeer Influenced Corrupt Organizations Act, Tennessee Consumer Protection Act and breach of contract.  Action still pending.
  • Nozaki v. Concept Development, Inc., James Reardon and James Lizzio
    Defended Messrs. Lizzio and Reardon against claims for breach of fiduciary duty, fraud and negligence.  In addition to these claims, plaintiff filed a claim to dissolve Concept Development, Inc.  After successfully staying dissolution claim, we won case against Messrs. Lizzio and Reardon on a motion for judgment at the close of plaintiff’s case at trial.  After obtaining judgment for these individual defendants, we settled the dissolution claim on terms extremely favorable to Concept Development.
  • Experian Information Systems v. Logic Quest et al.
    Our client, Experian, brought suit against a former employee and others for misappropriation of trade secrets, copyright infringement, breach of contract, violation of the Racketeer Influenced and Corrupt Organizations Act and other claims, based on the former employee’s alleged theft of our client’s proprietary software and an alleged kickback scheme in which he conspired with company employees to obtain Y2K and other consulting agreements with the company.  After obtaining summary judgment as plaintiff against two of the defendants for fraud, copyright infringement, misappropriation of trade secrets and unfair competition, a settlement was reached where defendants agreed to make certain payments to our client. 
  • Elbert, et al. v. Stamps.com, Inc.
    Plaintiffs sued our client, Stamps.com, for fraud, breach of contract, negligent misrepresentation and quantum meruit in connection with Stamps.com’s alleged failure to pay in excess of $13 million for alleged services performed by the plaintiffs on behalf of Stamps.com.  We obtained summary judgment on all claims in favor of Stamps.com. 
  • Andruss v. Barclays Bank
    Defended Barclays Bank against claims for fraud and negligent misrepresentation stemming from Barclay’s sale of a shopping center to plaintiff.  We obtained summary judgment in favor of Barclays on all claims.
  • Sweeney, et al. v. Cybex International, Inc.
    We prosecuted claims on behalf of our clients, James Sweeney, et al, against Cybex International, Inc. for Cybex’ failure to pay principal due on a $2,000,000 note. In addition, we defended claims brought by Cybex against our clients for fraud and breach of contract.  We settled the case, pursuant to which Cybex agreed to pay our clients the entire $2,000,000 principal amount due under the note, and dismissed their claims against our clients in return for a waiver of costs.
  • In Re PMR, Inc.
    Defended PMR in Qui Tam proceeding for alleged fraudulent billing to MediCare/MediCal.  We obtained summary judgment on all claims.
  • First Alliance Corporation v. Bank of New York
    Defended Bank of New York in a class action lawsuit alleging claims for fraud, violation of the Racketeer Influenced and Corrupt Organizations Act and alleged violations of several Federal statutes relating to alleged predatory lending practices by First Alliance Corporation.  First Alliance sued the Bank of New York, as trustee of a trust which had purchased loans from First Alliance Corporation, for indemnity, claiming that the trust has successor liability.  The case was settled on an extremely favorable basis to Bank of New York. 
  • Bohnsack, et al. v. Bank of New York
    This case alleged class action claims against Bank of New York seeking recission of loans based on claims for fraud and violation of the Racketeer Influenced and Corrupt Organizations Act.  The Court granted our motion to stay proceeding until outcome of settlement in First Alliance litigation, discussed above, and the case was subsequently dismissed by Plaintiffs in light of the settlement discussed in the above paragraph.  
  • Kern v. LanguageForce
    Kern sued our client, LanguageForce, for fraud, negligent misrepresentation, breach of contract for joint venture agreement and other miscellaneous claims.  After we took his deposition and obtained devastating admissions, Kern agreed to dismiss his claims with prejudice in return for a waiver of costs.
Employment Litigation
  • McCann Ruffin v. Cisco Systems, Inc.
    Defended Cisco against claims for wrongful termination, race discrimination, retaliation and breach of implied contract.  We prevailed in a seven day jury trial on all claims.
  • Fleming v. Cisco Systems, Inc.
    Defended Cisco against claims for wrongful termination, race discrimination, retaliation and breach of implied contract.  We prevailed in a two week jury trial on all claims.
  • Velasquez v. Cisco Systems, Inc.
    Defended Cisco against claims for wrongful termination, race discrimination, sex discrimination and wrongful demotion.  Prevailed in one week bench trial on all claims.
  • Giorgiadis v. PMR, Inc.
    Defended PMR against claims for wrongful termination in violation of public policy (whistleblowing), breach of implied contract and other claims.  We obtained summary judgment in favor of PMR on all claims.
  • Hamilton v. West Coast Community Newspaper (“WCCN”) 
    Defended WCCN against claims for wrongful termination, sex discrimination, sexual harassment, retaliation and breach of implied contract.  We obtained summary judgment in favor of WCCN on all claims.
  • Scalisi v. WCCN
    Defended WCCN against claims for violation of the Americans with Disabilities Act, sexual harassment, sex discrimination, retaliation, invasion of privacy and wrongful termination.  We obtained summary judgment in favor of WCCN on all claims.
  • Franz v. Bromar, Inc.
    Defended Bromar against claims for sexual harassment, sex discrimination and retaliation.  We obtained summary judgment in favor of Bromar on all claims.
  • Nazario v. Verteq, Inc.
    Nazario sued our client, Verteq, Inc., for wrongful termination, sexual harassment, retaliation and breach of contract.  We obtained summary judgment in favor of Verteq on all of these claims.
  • Hall v. Verteq, Inc.
    Hall sued our client, Verteq, Inc., for wrongful termination, retaliation, race discrimination and breach of contract.  We obtained summary judgment in favor of Verteq on all of these claims.
  • Balian v. Experian
    Balian sued our client, Experian, for alleged breach of employment contract.  After filing our motion for summary judgment, Plaintiff voluntarily dismissed the action in return for a waiver of costs. 
  • Ortiz v. Elexsys, Inc.
    Ortiz sued our client, Elexsys, for race discrimination and violations of the Rehabilitation Act, False Claims Act and other miscellaneous claims.  We prevailed on six of the claims by demurring to the complaint and won the final claim on summary judgment.
  • Schmidt v. Bromar, Inc.
    Defended our client, Bromar, against claims for age discrimination, wrongful termination and breach of implied contract.  Obtained summary judgment in favor of Bromar.
  • Null v. Bromar, Inc.
    Defended our client, Bromar, against claims for breach of employment contract and wrongful termination.  Negotiated settlement pursuant to which Plaintiff dismissed its claims against Bromar with prejudice and paid our attorney’s fees.
  • Barber v. E*Trade Mortgage, Inc.
    Barber sued our client, E*Trade Mortgage, for wrongful termination in violation of public policy, disability discrimination, breach of contract, and violation of the California Family Rights Act.  We obtained summary judgment in favor of Tricor on all claims.  The summary judgment on the disability discrimination claim was reversed on appeal and is currently pending.
Miscellaneous
  • Martinez v. Onyx Acceptance Corp.
    Martinez filed a class action lawsuit against our client, Onyx, for alleged violation of the Rees Levering Act, malicious prosecution, conversion and other miscellaneous claims.  After obtaining dismissal of the class action aspect of the case on a motion in limine, we prevailed on all of the plaintiff’s claims after a seven day bench trial.
  • Experian Information Systems v. Stuart Wright Mortgage
    Our client, Experian, sued Stuart Wright Mortgage for Stuart Wright’s failure to pay for services rendered by Experian.  We obtained judgment against Stuart Wright at trial for the full amount due.  Subsequently, we also successfully handled the collection efforts associated with this judgment, after Stuart Wright transferred its assets to another corporation.
  • Tait Environmental Systems v. City of Long Beach
    We prosecuted a collection action for Tait against the City of Long Beach for failure to pay for work done in connection with installation of underground storage tanks and defended Tait against claims brought by the City against Tait for breach of warranty and breach of contract.  We obtained judgment in favor of Tait on both the complaint and cross-complaint.
  • Bollinger v. Onyx Acceptance Corporation
    Defended Onyx in a contempt proceeding brought by a party to a previous class action settlement.  Court granted our Motion to Discharge, which dismissed the proceeding against Onyx in its entirety.
  • Baca v. Tait & Associates
    We defended Tait in a construction defect action arising out of a condominium development.  We obtained summary judgment on behalf of Tait.
  • La Mirada Townhomes Association v. Tait
    The Plaintiff sued our client, Tait, who was the Civil Engineer on the project, for alleged construction defects stemming from a condominium development.  Negotiated settlement for nuisance value ($27,000).

Professional Activities

  • American Bar Association
  • Orange County Bar Association - Business Law Section
  • Orange County Bar Association - Labor and Employment Law Section
  • State Bar of California
  • Member of the Governing Council of the CFO Section of the American Electronics Association (Orange County Chapter).