Sima Fard
Professional Accomplishments
Ms. Fard has successfully litigated and tried several cases against large corporations that were represented by large national law firms. In her first year as an attorney, Ms. Fard filed a claim against Circuit City Stores for a variety of employment related claims. While Ms. Fard believed that Circuit City's mandatory employment arbitration agreement was unconscionable, it took a few more years for the California Courts to strike down the same arbitration agreement. Despite the limitations imposed by this agreement, Ms. Fard successfully litigated the case and obtained an award of over $150,000 in arbitration. Majdi v. Circuit City. This was probably the first time an employee had succeeded in the arbitration forum against Circuit City.
Ms. Fard has tried several criminal, civil and business cases also. Most recently Ms. Fard obtained a jury verdict over $400,000 on behalf of an employee for failure to pay overtime and retaliation against The Grand Prix Association of Long Breach. Mr. Stacy was earning a high salary at the time, despite which the jury felt he was entitled to overtime pay, interest and attorneys' fees. Stacy v. Grand Prix Association of Long Breach. The case settled before the punitive damage phase.
Ms. Fard also fully litigated an age discrimination claim against Marsh U.S.A. and obtained sanction of $3,000 against the law firm of Paul Hastings Janofsky & Walker for improper removal to federal court. Ms. Fard tried the case in Orange County and obtained a jury verdict of over $450,000. The case settled before motion for attorney's fee. Keayes v. Marsh U.S.A., Inc.
Ms. Fard has also successfully appealed unjust results in lower courts in employment matters. See Lockley v. Law Offices of Cantrell, Green, et al. (published, second district). Recently, in a highly publicized decision by the local Orange County Court of Appeal, the Justices of the Court of Appeal blasted a high profile law firm for their conduct in taking advantage of an employee without counsel as well as misleading the trial judge. Ms. Fard filed the appeal for Mr. Zamani and obtained a reversal of the grant of summary judgment. Mr. Zamani had declined to submit to arbitration. The law firm argued this conduct amounted to conduct that warranted total dismissal of Mr. Zamani's claims. Not so. See articles. Zamani v. St. John Knits, Inc. (unpublished, fourth district, Div. 3). The parties settled the case soon after remand where the trial court also ruled that St. John Knits had breached the covenant of fair dealing and waived arbitration.
Ms. Fard is proud to announce that most of her clients are referred to her by other attorneys and sometimes by opposing attorneys who represented employers against whom Ms. Fard had litigated.
Class Action Wage and Hour
• Levenson v. Aberdeen, LASC 2001: unpaid overtime claims for inside sales employees of tech. industry on hybrid salary and commission; settled without the need to file a motion for class certification.
• Wage and hour class action against a large international cosmetics company, Central District of CA 2006: for misclassification of managers, rest and meal periods (confidential settlement without filing mtn. for class cert.).
• Wage and hour class action, OCSC 2007 (compelled to Arb.): unpaid overtime, rest and meal periods and illegal deduction against Audi and Infiniti of Mission Viejo, pending Class Cert. Motion.
• Wage and Hour class action against a large women's retail chain of stores with over 10,000 employees, OCSC 2007. Unpaid wages, rest and meal periods, off the clock claims, reporting time pay amongst other things. Pending class Cert. Mtn.
• Wage and Hour class action against the same retailer filed in 2008 in San Francisco Superior Court for unpaid travel expenses and failure to reimburse employees for purchasing their merchandise. Case is pending.
• Wage and hour class action, OCSC 2008: unpaid overtime, rest and meal periods and unpaid travel expense against a chain of restaurants with over 1,000 employees. Case settled without the need for filing a mtn for class cert.
• Wage and hour class action against a large international cosmetics company, OCSC 2009: Removed to Central District of CA, remanded back to State Court with an award of $4,000 in sanctions for improper removal against Defendants. This was followed with a large discovery sanction award of $5,300 against the defendants in State Court for discovery abuse. Facing a motion for evidentiary and terminating sanctions, Defendants proposed mediation. (confidential settlement without filing mtn. for class cert.).
Several other class action matters are in the process of being filed at this time.
This firm has also handled numerous cases on behalf of low income and minority individuals who have been exploited by unlawful business practices. Ms. Fard also has a group of loyal executive clients who consult Ms. Fard regarding their respective job offers, employment agreements, severance package and other employment related matters.
Winning Litigation Tactics
Ms. Fard's experience as a clerk to The Honorable Robert E. Thomas on complex law and motion matters, as well as her grasp of the rules of evidence, has enabled her to write winning briefs in discovery matters, whereby she has an almost 95% success rate in discovery motions and obtaining discovery sanctions.
Education
Sima Fard is a 1996 graduate of Western State University College of Law, where she received The American Jurisprudence awards in Evidence and Estate & Gift Tax. She also served in the student body's ethics committee.
Ms. Fard has been in solo practice focusing on labor and employment law since graduating from law school and passing the Bar exam in1997. Ms. Fard completed her pre college and undergraduate studies in England at University of London, studying statistical sciences as well as management science.
During law school Ms. Fard worked as a law clerk to the Orange County Public Defenders' office and the District Attorneys' office. She also clerked for the Honorable Ronald Kreber conducting legal research and the Honorable Robert E. Thomas reviewing complex law and motion matters.
Membership of Associations
- California Employment Lawyers
- Orange County Trial Lawyers
- Consumer Attorneys of California
Speaking Engagements:
California State Bar Conference, Sonoma 2002, small firm practice management;
CELA Conference 2005, Employment Law 101;
Pepperdine University School of Business, March 2006, Summary of California Employment Law;
CELA Annual Conference October 2010, Lessons learnt from losing a trial
* The Law Offices of Sima Fard serves client in the greater Los Angeles area, including Irvine, Costa Mesa, Huntington Beach, Fountain Valley, Santa Ana, Mission Viejo, Tustin and Orange County.
