Author Archives: gsauer

by Gerald L. Sauer

Sauer & Wagner LLP is celebrating its 29th anniversary. This milestone could not have been achieved without the dedication and hard work of our attorneys and staff. We are thankful for the unwavering support provided by our clients, colleagues, and friends which has served as the cornerstone for the firm’s commitment to providing exceptional legal representation.

Over the course of the past year, S&W’s skill in the courtroom was acknowledged by the following:

• Gerald Sauer and Amir Torkamani were recognized for having obtained one of the Top 100 Jury Verdicts in California and Top 50 Jury Verdicts in Los Angeles. This is the second time that Mr. Sauer and Mr. Torkamani have served as co-counsel in a jury trial that has made this prestigious list.
• Gerald Sauer became a member of the Los Angeles Chapter of the American Board of Trial Advocates (“ABOTA”). Membership in ABOTA is by invitation only after an applicant has been nominated, seconded, vetted by committee, and voted on three times – by the Los Angeles ABOTA Executive Committee, the Los Angeles Chapter, and the National ABOTA Board. Members in ABOTA must have a reputation for civility, professionalism, and integrity in the legal community. As a result of having tried in excess of 20 jury trials, Mr. Sauer was admitted as an “Associate.”

If you have any questions concerning a civil litigation matter, please do not hesitate to contact Gerald Sauer, Robert Chapman, Gregory Barchie or Amir Torkamani. For employment related questions, please contact Cara Robin Sherman, Gerald Sauer or Amir Torkamani. 

by Gerald L. Sauer

Our Anniversary

As time marches on, Sauer & Wagner LLP is thrilled to achieve another milestone – the 28th year of its founding. The firm was formed on May 1, 1997 based on the core commitment of providing exceptional legal representation. Hard work, creativity and experience are the keys to S&W’s success and stellar reputation in the Los Angeles legal community. The firm is thankful for the support of its clients, colleagues and friends, and its length of service would not be possible without that support.

Our Winning Streak

S&W is proud of the results that its trial attorneys, Gerald Sauer, Robert Chapman, Gregory Barchie and Amir Torkamani, continue to enjoy in the courtroom. The firm has been victorious in five consecutive trials for its clients. When representing plaintiffs, S&W has recovered compensatory and punitive damages, and when representing defendants, S&W has gutted the other side’s case by obtaining evidentiary rulings excluding expert damages opinions.         

A brief summary of S&W’s string of “wins” is as follows:

• In a construction defect/fraud dispute that went to trial earlier this year, Gerald Sauer and Amir Torkamani represented two well-known Hispanic actors against the developers/builders of a high-end, single-family residence in Los Angeles. The jury awarded 100% of the compensatory damages sought by S&W’s clients in the amount of approximately $2 Million, plus an additional $3 Million in punitive damages. The recovery in that case is expected to increase in the future upon the granting of an award for attorneys’ fees and costs.
• After the $120 Million sale of a family-run business that manufactures and distributes branded ethnic cheese and dairy products, the plaintiff, a minority shareholder, sued several family members, who oversaw and operated the business. Gerald Sauer and Gregory Barchie defended the family members and utilized a multi-day evidentiary hearing to obtain a ruling from the trial judge that prevented plaintiff’s damages expert from proffering any opinions at trial. This ruling eviscerated plaintiff’s case and resulted in a judgment in favor of the family member defendants. Recently, the trial court awarded approximately $1.6 Million for attorneys’ fees and costs incurred by S&W’s clients.

• Due to a fraudulent scheme orchestrated by the defendant, an equestrian expert, Robert Chapman and Gregory Barchie obtained a unanimous jury verdict for S&W’s client in the amount of $900,000 in compensatory damages. On appeal, the jury’s finding of liability was affirmed, and the case was remanded back to the trial court for a new trial solely on damages.  The new trial resulted in an increased damages award of approximately $1.3 Million, plus costs of approximately $71,000.

• In a dispute arising out of the opening of a competing fertility laboratory, the plaintiffs, three doctors, sued their former colleague, S&W’s client, for providing consulting services to the owner of that facility. At trial, Gerald Sauer and Gregory Barchie persuaded the trial judge to convene an evidentiary hearing that led to the exclusion of testimony from plaintiffs’ damages expert. The end result was a complete victory for S&W’s client in light of plaintiffs’ inability to prove that they sustained any damages. The Court of Appeal recently affirmed that judgment. 

• As a result of fraudulent conduct by a co-managing member involving the sale of an accounting/bookkeeping back office business, Gerald Sauer and Amir Torkamani obtained a jury verdict on behalf of S&W’s client, the other co-managing member, for compensatory damages in the amount of $2.5 Million and punitive damages in the amount of $1 Million. 

Our Gratitude 

The firm’s success would not be possible without the contributions of our employment attorneys, Cara Robin Sherman and Michele Desoer. They provide counseling and advice to employees and employers concerning local, state and federal laws.

Last, but not least, S&W is thankful for the support of its staff, Candace Yang, S&W’s Legal Administrator, and Diana Olivo, S&W’s Paralegal/Legal Assistant. They are integral members of the S&W team, and the firm’s attorneys and clients benefit from their daily effort and commitment.   

***

If you have any questions concerning a civil litigation matter, please do not hesitate to contact Gerald Sauer, Robert Chapman, Gregory Barchie or Amir Torkamani. For employment related questions, please contact Cara Robin Sherman, Michele Desoer or Gerald Sauer. 

by Gerald L. Sauer

As 2025 begins to unfold, S&W is continuing its tradition of providing a brief summary of new and updated laws that impact employers and workers. In the event that you have any questions about the summary below, please contact Michele Desoer, Cara Sherman, or Gerald Sauer.

Wage & Hour Laws

• California’s minimum wage base has increased to $16.50/hour. However, there are higher minimum wages in some cities and/or counties. (For example, in Los Angeles County, the current minimum wage is $17.27 and rises to $17.81 on July 1, 2025.) Unionized employees may be exempt from certain laws if they are paid 1.3 times the minimum wage. Reminder: some industries, such as fast food or healthcare workers, have different minimum wages.
• California’s minimum salary for an employee to be classified exempt has risen to $68,640. This minimum salary is not the only factor to determine whether employees can be considered exempt.
• With regard to properly classifying independent contractors, the law now requires that contractors be paid no later than the date specified in their contract. If the contract does not specify a date, the contractor must be paid no later than thirty (30) days after completion of services. Contracts must be in writing and preserved for at least four (4) years. Certain terms must be included. Beware: the worker still must legitimately qualify as an independent contractor and not an employee.

Captive Audience Meetings

• Employees can no longer be required to attend “Captive Audience Meetings” which are meetings held by an employer to discourage employees from unionizing or to discuss “political matters” or “religious matters.” An employer cannot discriminate or retaliate against employees who decline to attend and must pay all employees their wages during this time, even if they do not attend. Note: challenges are expected to this law on the grounds that (1) the NLRA preempts the law and (2) the restrictions on political and religious speech violate the First and Fourteenth Amendments, although the outcome of any such challenges remains uncertain. 

New Posting Requirements

• There are new posting requirements in connection with (a) Workers’ Compensation, (b) whistleblower laws, and (c) discrimination categories. The law now specifies that discrimination is forbidden when based on a combination of two or more of protected characteristics.

CROWN Act

• With regard to protected characteristics, the CROWN Act has been expanded. The language now broadens the definition of “race” and includes “protective styles” such as braids, locs, and twists.

Antidiscrimination Laws

• Cities, counties, or other political subdivisions can enforce local antidiscrimination laws that are at least as protective as state laws under specific circumstances.

Paid Family Leave

• The Paid Family Leave (“PFL”) law has been amended to delete an employer’s right to have an employee take two weeks of accrued but unused vacation time (if available) before receiving PFL wage replacement. In other words, an employee who applies for PFL benefits is entitled to such benefits immediately upon taking leave.

PAGA

• PAGA laws have incorporated several changes including, among others:
  • • A PAGA exemption for construction workers who are covered by collective bargaining agreements.
    • An employee may only bring a PAGA claim if they personally experienced the violation asserted in their claim.
    • Employers now have the opportunity to cure violations in certain instances, possibly eliminating or reducing the possibility of penalties.

Job Posting

• If an employer specifies in a job posting that an employee must have a driver’s license, the employer must reasonably expect that the employee’s duties will require driving and that an alternative mode of transportation will not be comparable in terms of time and cost.

Domestic Violence Leave

• The Domestic Violence Leave law has been significantly expanded. The new requirements eliminate the term “crime and abuse” and replace it with “qualifying acts of violence.” It also broadens the circumstances during which an employer must provide job-protected, unpaid time off, with the time varying based on specific circumstances. These changes likely require modifications of the applicable policy in employee handbooks.

Climate Emission Disclosures

• Please take note that climate-related Emission Disclosures will be due in 2026.

New Laws

• In addition to the PAGA exemption for construction workers with collective bargaining agreements, there are new laws affecting certain industries such as agriculture, healthcare, household workers, warehouse workers, performers (AI protections), venture capital, event hosting, and employers who employ children or who need to determine if there is child labor involved in their operations.
• With respect to safety standards, the new laws also contain requirements relating to maximum indoor heat and the mandatory inclusion of Narcan in all first aid kits. 

S&W provides counseling, advice, and litigation services concerning employment matters. Please feel free to contact Michele Desoer at mdesoer@swattys.com, Cara Sherman at csherman@swattys.com, or Gerald Sauer at gsauer@swattys.com for inquiries.