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Police Officers' Overtime Lawsuit against the City of San Diego Survives Defendants' Latest Motion to Dismiss: - Core Claims of FLSA Violations an

IRVINE, Calif. (BusinessWire EON) May 17, 2007 --     Gregory G. Petersen, Chair of the Complex Litigation Group at J/D/T/P/P, stated, "This case is about three major issues - (1) violations of the Fair Labor Standards Act, (2) the City's failure to acknowledge these violations and failure to take timely remedial action, and (3) a consistent pattern of breaching the contractual obligations to these police officers as set forth in the City's written employment agreement. The Court has determined that these core claims are viable." Mr. Petersen continued, "The City Attorney's frequent and misleading statements in press releases and as a talk show guest stand in stark contrast to the actual Court rulings. His insistence that the City will see this through trial in late-2008 will only result in significant additional legal costs to the City. Additionally, Mr. Aguirre's self-promoting comments in his most recent press release to the effect that the Court's ruling 'saved' the City over $8 million, in his calculations, only serve to mislead the public. In fact, the claims that were dismissed only represented a small fraction of the potential liability for the core FLSA and breach of contract claims for unpaid wages, penalties and interest, which could exceed $100 million. Rather than trying to further inflate his public persona, Mr. Aguirre would be well advised to encourage the City to implement corrective measures that would stop the steady accumulation of additional claims, penalties and interest against the City. That would amount to a true cost savings for the City."

Christopher Nissen, Senior Associate Attorney for J/D/T/P/P, commented, "The claims that were dismissed were included as alternate remedies, in addition to the FLSA and breach of contract claims, and were designed to expand on the areas of law that may have given rise to additional relief. These claims were designed to test their viability in a vague and undeveloped area of employment law. The Court recognized these were areas of first impression and ruled accordingly. Having had the opportunity to review the Order, we understand and respect the Court's decision."

About Jackson/DeMarco/Tidus/Petersen/Peckenpaugh

The law firm of Jackson/DeMarco/Tidus/Petersen/Peckenpaugh, headquartered in Irvine, California, with a second office in Westlake Village, is recognized as a preeminent California full service law firm, offering high quality, innovative, responsive and cost-effective solutions to meet client needs. J/D/T/P/P provides practical advice and representation in a wide range of legal practice areas, encompassing business and tax law, employment law, intellectual property, common interest subdivision, land use and environmental regulation, real estate, construction law, commercial leases, financing, immigration and represents clients in key industries, such as technology, life sciences, software development, electronics, agriculture, energy and oil, financial and banking, manufacturing, distribution, real estate, and hospitality. More information on Jackson/DeMarco/Tidus/Petersen/Peckenpaugh can be found at www.jdtplaw.com.

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