Derek Havel

Class and PAGA Successes

• Valdivia v. The Children’s Place (Fresno Sup. Ct., 23CECG0111) — Summary judgment (class action).
• Poledouris v. Whole Foods Market (LA Sup. Ct., 19STCV10444) — Defeated class certification (class action/PAGA).
• Williams v. St. Joseph Health Personal Care Services, Inc. (Orange Sup. Ct., 30-2020-01134268) — Defeated class certification.
• Hernandez v. St. Jude Medical Center (Orange Sup. Ct., 30-2019-01086516) — Summary judgment (class action/PAGA).
• Cruz v. Whole Foods Market (LA Sup. Ct., BC592895) — Summary judgment (class action).
• Sumo v. Torrance Memorial Medical Center (LA Sup. Ct., BC530934) — Defeated class certification.
• King v. Pomona Valley Medical Center (LA Sup. Ct., BC351095) — Summary judgment (class action).
• Cherin v. Dignity Health (SF Sup. Ct., CGC-08-471761) — Defeated class certification.
• Cunningham v. Long Beach Memorial (LA Sup. Ct., BC421688) — Summary judgment (class action).
• McCoy v. Saddleback Memorial Medical Center (Orange Sup. Ct., 30-2008-00116393) — Defeated class certification.
• Union Bank Class Action (SF Sup. Ct., CGC-10-499595) — Class certification denied; partial summary judgment granted.
• Oberfoell v. Cedars-Sinai Medical Center (LA Sup. Ct., BC332075) — Summary judgment (class action).
• Sullivan v. Kelly Services, Inc. (N.D. Cal., C 07-2784) — Summary judgment (class action).
• Matlin v. Tilly’s (LA Sup. Ct., BC322422) — Defeated class certification and obtained summary judgment (class action).
• McDonnell v. Whole Foods Market (LA Sup. Ct., BC323344) — Defeated class certification and obtained summary judgment (class action).

Trial Victories

• Sales v. Equinox Holdings (LA Sup. Ct., 24STCV21577) — Six-day jury trial; complete defense verdict.
• Garcia v. Whole Foods Market (LA Sup. Ct., BC582010) — Six-day jury trial; complete defense verdict.
• Rivera v. Whole Foods Market (LA Sup. Ct., LC090604) — Week-long jury trial; complete defense verdict.
• White v. Whole Foods Market (LA Sup. Ct., BC380974) — Two-week jury trial; complete defense verdict.
• Haddock v. Montgomery Watson Americas (LA Sup. Ct., GC023646) — Five-day jury trial; complete defense verdict.

Appellate Wins

• Coordinated Union Bank Wage Hour Cases (2d DCA, B295835; LA Sup. Ct., JCCP4866) — Class-certification denial affirmed.
• David v. Queen of the Valley Medical Center (51 Cal.App.5th 653 (2020); Napa Sup. Ct., 26-67321) — Summary judgment affirmed.
• Guerrero v. Whole Foods Market (2d DCA, B305799; LA Sup. Ct., 19STCV02239) — Summary judgment affirmed.
• Willis v. Driltek (9th Cir., 17-17397, 17-17472; E.D. Cal., 1:15-cv-00688) — Summary judgment affirmed.
• Gerard v. Orange Coast Memorial Medical Center (Cal. Sup. Ct., S241655) — Unanimous California Supreme Court decision for employer.
• Lampe v. Queen of the Valley Medical Center (19 Cal.App.5th 832 (2018); Napa Sup. Ct., 26-61568) — Class-certification denial affirmed.
• Zumbowicz v. HASC (LA Sup. Ct., BC360399) — Summary judgment affirmed.
• Hamilton v. Long Beach Memorial Medical Center (LA Sup. Ct., BC322076) — Summary judgment affirmed.

• Recognized for Employment Law, Best Lawyers, 2021-2023, 2025-2026
• Labor & Employment, Legal 500, 2012-2014 and 2017-2019
• Southern California Super Lawyer, Super Lawyers, 2011-2014

• Speaker, "Taking a Shot at COVID-19: What Restaurants Need to Know About Vaccinating their Workforce," National Restaurant Association Webinar, February 11, 2021
• Speaker, "Extended COVID-19 Furloughs, Layoffs and Other WARN Act Concerns: Avoiding Notice Requirement Pitfalls," National Restaurant Association Webinar, October 6, 2020
• Speaker, "Virtual Happy Hour and Roundtable with Sheppard Mullin," ACC San Francisco Bay Area Food & Beverage Group Webinar, May 28, 2020
• Speaker, "Returning to Work: Your Questions Answered," National Restaurant Association Show Webinar, May 27, 2020
• Speaker, "Navigating COVID-19 Issues: Practical Tips for Your Food Manufacturing Business," Sheppard Mullin Roundtable Webinar, April 30, 2020
• Speaker, "Wage and Hour Issues for Food Companies," CLE International's 3rd Annual Food Law Conference, Denver, Colorado, April 20, 2018