Overview
James M. Burgess is a trial lawyer and partner in the firm's Century City office.
Experience
A&J Liquor Co., et al. v. State Fund: Mr. Burgess was trial counsel for State Fund in this certified class action, which involved allegations of premium overcharging due to allegedly excessive reserves set by adjusters.
Honors
St. James Inn, Father Pat Traynor Award for exemplary community service, 2015.
Insights
"Unfair Competition Law Reform May Encourage Class Actions," Daily Journal (August 25, 2004). This article discusses the fact that the changes resulting from Proposition 64 might encourage some plaintiffs to file class actions
Memberships
Legal Aid Foundation of Los Angeles, President (2018-Present), Secretary (2014-2018), Board Member (2013-present).
*485 Opinion
ZELON, J. Appellants Kenton Koszdin and Gilbert Lipman (collectively Appellants) appeal from the trial court's judgment of dismissal following the sustaining of a demurrer for lack of subject matter jurisdiction. Appellants are attorneys who represented injured workers in proceedings before the Workers' Compensation Appeals Board (WCAB). In six related class action complaint…
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I. The Class Action Complaints
II. The Demurrer to The Complaints
The cases were assigned for all purposes to Los Angeles County Superior Court Judge Carl West in the complex litigation department. Pursuant to a stipulation between the parties, Respondents filed a joint demurrer to the complaints on jurisdictional and standing grounds. As to standing, Respondents contended that Appellants lacked standing to pursue claims for interest on their at…
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I. Standard of Review
In reviewing the sufficiency of a complaint against a demurrer, we "treat[] the demurrer as admitting all material facts properly pleaded," but we do not "assume the truth of contentions, deductions or conclusions of law." (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal. 4th 962, 967 [9 Cal. Rptr. 2d 92, 831 P.2d 317].) We liberally construe the pleading to achieve substantial justice …
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II. Standing
The first issue before this Court is one of standing. In their joint demurrer, Respondents contended that Appellants did not have standing to pursue claims for unpaid interest on their WCAB fee awards because all compensation must be paid directly to the injured worker unless otherwise ordered by the WCAB, and these awards did not direct the payment of any interest to t…
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III. Jurisdiction
*497 Disposition
The judgment is affirmed. Respondents shall recover their costs on appeal. Perluss, P.J., and Jackson, J., concurred.
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Notes
[*] Kenton Koszdin v. The Travelers Indemnity Co. (Super. Ct. L.A. County, 2009, No. BC393290); Gilbert Lipman v. Explorer Ins. Co. (Super. Ct. L.A. County, 2009, No. BC393291); Gilbert Lipman v. State Farm Fire & Casualty Co. (Super. Ct. L.A. County, 2009, No. BC393292); Kenton Koszdin v. Marriott Claims Services (Super. Ct. L.A. County, 2009, No. BC393295); Gilbert Lipman v. Stater …
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