John Baker

Trials/Arbitrations

• Tait Environmental v. Johnson, et al.
  Prosecuted claims for misappropriation of trade secrets, breach of fiduciary, interference with economic advantage, among other claims, against former employees and a competitor. Obtained verdict for client in the amount of $1,500,000 after a two month jury trial.
• Information Management Group, Inc. ("IMGl'J v. Telecom Solutions, Inc. ("TS/")
  Represented defendants against claims for misappropriation of trade secrets, interference with economic advantage, interference with contract and conversion. Prevailed in a three week jury trial on all claims.
• In Re Intermix
  Represented Plaintiff in lawsuit against Intermix, a subsidiary of Fox and News Corporation and owners of MySpace website, for breach of employment contract. Obtained multi-million dollar verdict in favor of plaintiff.
• Nozaki v. James Reardon and James Lizzio
  Defended corporate officers against claims for breach of fiduciary duty, fraud and negligence brought by shareholders of corporation. Prevailed on all claims against our clients on a motion for judgment at the close of plaintiff's case at trial.
• Martinez v. Onyx Acceptance Corp.
  Defended Onyx against a class action lawsuit for alleged violation of the Automobile Sales Finance Act (automobile financing), malicious prosecution, conversion and other miscellaneous claims. After obtaining dismissal of the class action aspect of the case on a motion in /imine, prevailed on all of the plaintiff's individual claims after a seven day bench trial.
• Fleming v. Cisco Systems, Inc.
  Defended Cisco against claims for wrongful termination, race discrimination, retaliation and breach of implied contract. Prevailed in a two week jury trial on all claims.
• Mccann Ruffin v. Cisco Systems, Inc.
  Defended Cisco against claims for wrongful termination, race discrimination, retaliation and breach of implied contract. Prevailed in a seven day 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.
• Tait Environmental v. City of Long Beach
  Prosecuted a breach of contract action 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. Obtained judgment in arbitration in favor of Tait on both the complaint and cross-complaint.

Misappropriation/Unfair Competition - Other Judgments/Dismissals/Injunctive Relief

• Home Loan Center ("HLC'J v. Libutti, et al.
  Filed suit on behalf of HLC against several former employees and their new employer for misappropriation of trade secrets and a variety of unfair competition claims. Obtained a Temporary Restraining Order and Preliminary Injunction on behalf of HLC against the employees. In addition, obtained dismissal of cross-complaint on SLAPP motion and awarded $180,000 in attorney's fees.
• Canon U.S.A. v. Ward
  Obtained Temporary Restraining Order in favor of Canon and against defendant with respect to claims for misappropriation of trade secrets and Computer Fraud and Abuse Act, prohibiting defendants from disclosing or utilizing trade secrets and confidential information.
• Canon U.S.A. v. Crow
  Obtained Temporary Restraining Order in favor of Canon and against defendant with respect to claims for misappropriation of trade secrets, Computer Fraud and Abuse Act, prohibiting one defendant from working for competitor, prohibiting other defendant from utilizing or disclosing trade secrets and confidential information, and compelling the return of information taken from Canon.
• Clearkey v. Buy.com, et al.
  Defended Buy.com in action for misappropriation of trade secrets and other business torts. Obtained dismissal in favor of Buy.com.
• EduMoz v. Republic of Mozambique.
  Defended Republic of Mozambique against claims for breach of contract, fraud, unfair competition and negligence. Prevailed on motion to dismiss.
• Ken Plachy v. Kimberly Riker, et al.
  Defended executive officers and shareholder against claims from former employee and shareholder for breach of fiduciary duty, violation of Corporate Code Sections 25401, 25403 and 25504.1, breach of contract and breach of the implied covenant of good faith and fair dealing. Obtained dismissal on behalf of Defendants on all claims after successful demurrer and motion to strike on the entire complaint.
• U.S. Bancorp Equipment Finance, Inc., et al. v. Richard J. Fischel, M.D., et al.
  Defended U.S. Bank against claims for usury, violation of Business and Professions Code§ 17200 (unfair competition), conversion, constructive trust, rescission and declaratory relief claims and prosecuted breach of contract claim on behalf of U.S. Bancorp. Prevailed on all claims asserted against U.S. Bank by obtaining dismissal via a demurrer. Obtained cash payment on behalf of U.S. Bancorp for settlement of breach of contract claim asserted by client.

Summary Judgments

• Chauncey Sayre v. Thomas C.K. Yuen.
  Defended the managing agent of an LLC against claims for fraud, fraudulent concealment, breach of fiduciary duty and accounting. Prevailed on summary judgment on all claims asserted by Plaintiff and awarded $267,000 in attorney fees.
• The Lease Outlet v. U.S. Bank
  Defended U.S. Bank against claims filed by broker of automobile leases for alleged violations of California statutes, interference with contract, interference with economic advantage and unfair competition. Obtained summary judgment in favor of U.S. Bank on all claims.
• Consortium  Information  Services  v. Experian  Information  Solutions, Inc.
  Defended Experian against claims for violation of Cartwright Act (antitrust statute), trade libel, interference with economic advantage and unfair competition. Prevailed on all claims through combination of motion for summary judgment and motion for judgment on the pleadings. After plaintiff appealed the order granting summary judgment, represented Experian in the appeal, where appellate court affirmed the granting of summary judgment.
• Hayes v. Lending Tree, Inc.
  Defended LendingTree against disability discrimination, harassment, retaliation and California Family Rights Act claims. Obtained summary judgment in favor of Lending Tree on all claims.
• Experian Information Solutions, Inc. 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 ("RICO") 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 consulting agreements with the company. Employee filed a cross-complaint for wrongful termination and other claims. Obtained summary judgment in favor of Experian on all claims asserted by employee in cross-complaint. Also obtained summary judgment for plaintiff as to liability against two of the defendants for fraud, copyright infringement, misappropriation of trade secrets and unfair competition.
• Giorgiadis v. PMR, Inc.
  Defended PMR against claims for wrongful termination in violation of public policy (whistleblowing), breach of implied contract and other claims. Obtained summary judgment in favor of PMR on all claims.
• Elbert, et al. v. Stamps.com, Inc.
  Defended Stamps.com against claims for fraud, breach of contract, negligent misrepresentation and quantum meruit totaling $13 million. Obtained summary judgment on all claims in favor of Stamps.com.
• Pyramid Technologies, Inc. v. ADC Telecommunications, Inc., et al.
  Represented ADC Telecommunications against claims for breach of contract. After filing a motion for summary judgment on behalf of ADC, Plaintiff voluntarily dismissed lawsuit in lieu of opposing motion.
• In Re PMR, Inc.
  Defended PMR in Qui Tam proceeding brought by employees for alleged fraudulent billing to MediCare/MediCal. Obtained summary judgment on all claims.
• Pennington v. Gloria Stevens, M.D., et al.
  Represented pathologist in medical malpractice claim for alleged misdiagnosis of cancer. Obtained summary judgment on all claims in favor of pathologist.
• Hamilton v. West Coast Community Newspaper ("WCCN'')
  Defended WCCN against claims for wrongful termination, sex discrimination, sexual harassment, retaliation and breach of implied contract. 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. Obtained summary judgment in favor of WCCN on all claims.
• Franz v. Bromar, Inc.
  Defended food broker against claims for sexual harassment, sex discrimination and retaliation. Obtained summary judgment in favor of Bromar on all claims.
• Nazario v. Verteq, Inc.
  Defended Verteq, Inc. against claims for wrongful termination, sexual harassment, retaliation and breach of contract. Obtained summary judgment in favor of Verteq on all claims.
• Hall v. Verteq, Inc.
  Defended Verteq, Inc. against claims for wrongful termination, retaliation, race discrimination and breach of contract. Obtained summary judgment in favor of Verteq on all claims.
• Ortiz v. Elexsys, Inc.
  Defended Elexsys against claims for race discrimination and violations of the Rehabilitation Act, False Claims Act and other miscellaneous claims. Prevailed on six of the claims by demurring to the complaint and won the final claim on summary judgment.
• Schmidt v. Bromar, Inc.
  Defended food broker against claims for age discrimination, wrongful termination and breach of implied contract. Obtained summary judgment on all claims.
• Baca v. Tait & Associates
  Defended Tait in a construction defect action arising out of a condominium development. We obtained summary judgment on behalf of Tait.
• James Liu, et al. v. Ameriprise Financial Services, Inc.
  Defended Ameriprise Financial, Inc. against claims for fraud, violation of the Racketeer Influenced and Corrupt Organizations Act, conversion, unjust enrichment and unfair business practices. After preparing motion to dismiss and sharing arguments with Plaintiff's counsel, obtained dismissal of all claims asserted against Ameriprise.
• Bollinger v. Onyx Acceptance Corporation
  Defended Onyx in a contempt proceeding brought by a class representative to a previous class action settlement. Court granted our Motion to Discharge, which dismissed the proceeding against Onyx in its entirety.