Nancy S. Fong

Appellate

• Hotel Owner/Landlord. Successfully obtained a published decision from the California Court of Appeal holding that the Ellis Act cannot be waived via a settlement agreement which is not supported by direct financial contribution.

Labor and Employment

• Employers – Discipline and Discharge. Defense of wrongful termination claims, including breach of contract, public policy, and tort claims.

• Employers – Employment Discrimination. Defended in lawsuits alleging employment discrimination and/or retaliation under California Fair Employment & Housing Act.

• Employers – Class Actions/Wage and Hour Violations. Defended businesses in class action lawsuits in California state and federal court alleging a variety of wage and hour violations, such as those involving meal and rest periods, overtime, exempt/nonexempt status, timekeeping and recordkeeping procedures, “off the clock” work, and more.

Construction Litigation

• Property Owner. Action against a general contractor for fraud and other construction defects, which resulted in a $2 million judgment for the owner following a two-week trial.

• Developers. Multiple commercial and residential developers in disputes relating to non-circumvention provisions, breach of contract, common area management expenses, lease issues, fraud, and construction defect.

Real Estate Litigation

• Property Owners. Easement, property-line and title disputes on behalf of numerous property owners.
• Hotel Owners & Operators. Disputes relating breach of contract, fraud, Mello-Roos financing, and title disputes.
• School District. Action involving district's compliance with CEQA regarding construction of new elementary schools.

Commercial Litigation

• Mortgage Lender. Multiple commercial litigation matters.
• Receiver. Securities fraud actions and breach of contract disputes.
• Corporations. Shareholder derivative actions and contract disputes.
• Life-Insurance Company. Class action lawsuits.
• Businesses. Disputes relating to labor and employment, commercial leases, partnership and LLC agreements, construction projects, fraud claims, and environmental issues.

Pro Bono Litigation

• Pro Bono Matters. Represented pro bono clients in adoption-related issues.