David J. Gallo Attorney

First Admitted: 1986, Texas

Verdicts/Settlements (Case Results):

Notable accomplishments include: Prevailing at trial and obtaining judgment in favor of a group of former retail store managers for unpaid overtime (with $85,000 average net [after fees and costs] recovery per store manager); see, Menlo, et al. v. Big Lots Stores, Inc., and PNS Stores, Inc., Case No. 37-2019-00024738-CU-OE-CTL, in the Superior Court of California for the County of San Diego; Defeating summary judgment and obtaining confidential settlement in a related case following victory in Menlo trial; see, Wellons v. PNS Stores, Inc., 2022 WL 16902199 (S.D. Cal. 10 November 2022); following remand after successful prior appeal, obtaining class certification of a plaintiff class of 18,500 In-Home Supportive Services care providers; prevailing in jury trial of that class action; and successfully defending on appeal the favorable judgment; see, Woodruff v. County of San Diego In-Home Support Services Public Authority (2019) 2019 WL 4459742; in 2017, recovering over $500,000 in settlement of a Labor Code Private Attorney General Act ("PAGA") case against Michaels Stores, Inc., for alleged misclassification of its Store Managers as "exempt", see, Fitch, et al. v. Michaels Stores, Inc., et al., Case No. 37-2014-0013725-CU-OE-CTL, in the Superior Court of California for the County of San Diego; as sole class counsel, obtaining 2017 jury verdict and judgment awarding recovery of unpaid straight-time compensation, overtime compensation, and employee expense reimbursements, for a certified plaintiff class of In-Home Supportive Services workers in San Diego County, and for the Class Representatives, individually (as to uncertified claims), following successful appeal; see, Woodruff v. County of San Diego In-Home Supportive Services Public Authority, Case No. D062180, in the Fourth District Court of Appeal of the State of California; obtaining 2017 jury verdict and judgment awarding recovery of unpaid overtime compensation for salaried store manager who had been wrongly classified as an exempt executive; see, Merrill v. Party City Corporation, Case No. CGC-14-538972, in the Superior Court of California for the County of San Francisco; successful service as Chief Class Counsel to a Plaintiff Class of over 250,000 persons in a consumer class action against tire retailer Evans Tire & Service Centers, Inc.. Achieved class certification over vigorous opposition by Defendant. The pre-trial Settlement which was ultimately reached resulted in substantial monetary benefit to Class Members (valued in seven digits), as well as permanent reforms of Defendant's marketing practices related to sales of tire warranties ("LOTSA") and collection of charges for disposal of customers' used tires ("WTDF"). The reaction of the Class Members to the Settlement was overwhelmingly favorable The Court granted the Class Representative a recovery enhancement in the amount requested, on the basis of his outstanding service and the resounding success of the Plaintiff Class in the action; see, Descano v. Evans Tire & Service Centers, Inc., Case No. 37-2011-00094991-CU-BT-CTL, in the Superior Court of California for the County of San Diego; obtaining $4,100,000 settlement (funded in 2011) of wage-and-hour class action against a large hair-stylist chain; see, Mook v. Regis Corporation, Case No. 30-2009-00278779-CU-OE-CXC, in the Superior Court of California for the County of Orange; obtaining $2,500,000 settlement (funded in 2011) of Fair Labor Standards Act certified collective action against the County of Los Angeles; see, Ali v. County of Los Angeles, Case No. 08-CV-07627, in the United States District Court for the Central District of California; obtaining $1,000,000+ judgment on jury verdict (including claim for statutory fees and costs) in a twenty-four (24) plaintiff wage-and-hour action against a third-party merchandising company that had failed to pay its employees for travel time and work performed at their homes; see, Bladh v. Brenner Associates, Inc., Case No. 37-2008-00081732-CU-OE-CTL, in the Superior Court of California for the County of San Diego; obtaining a $1.25 million + verdict and judgment in a case arising from an accounting dispute against one of the world's largest insurance conglomerates, after a trial which lasted nineteen (19) court days, see, Amerimax v. CIGNA Corporation, et al., Case No. GIC 781497, in the Superior Court of California for the County of San Diego; obtaining a unanimous, 26-page, 138-interrogatory, jury verdict (all questions answered in favor of plaintiff) awarding over $2.16 million in a securities-fraud case where the total amount entrusted to the defendant was under $90,000, see, Worthington v. Royal Energy, Civil Action No. 96-0664-CGA, in the United States District Court for the Southern District of California; obtaining reversal and rendition of judgment on appeal from a bankruptcy-court judgment which had equitably reduced the amount of a real-estate-secured promissory note from over $14 million to less than $4 million (where the client had been represented by other counsel at trial), see, Horton Grand v. Rose, 1995 WL 499789 (9th Cir. 1995); obtaining and preserving on appeal a bankruptcy-court judgment avoiding well over $500K in statutory liens asserted to secure a claim for real property taxes, see, Historical Properties v. County of San Diego, 1997 WL 759545 (9th Cir. 1997); prevailing at trial in a class-action land-use case in which defendant was found liable for fraudulent business practices, see, Grant, etc. v. American Golf Corporation, etc., et al., Case Number INC 018386, in the Superior Court of the State of California for the County of Riverside (Indio Branch); prevailing at trial in a wage-and-hour class action in which the jury awarded substantial recovery to the plaintiff class, see, Livingston, et al. v. Chester, etc., Case Number GIC 768263, in the Superior Court of the State of California, County of San Diego; and prevailing at trial in numerous other complex jury trials.
Courtroom prowess was further demonstrated with a $1.25 million verdict in an accounting dispute against a global insurance giant after an intense 19-day trial
$2.5 million settlement under the Fair Labor Standards Act for employees in Los Angeles County
$4.1 million settlement in a wage-and-hour class action for workers at a prominent hair stylist chain

Special Licenses/Certifications:

One of fewer than 100 members of the State Bar of California upon whom the State Bar has conferred the title, "Legal Specialist in Civil Trial Advocacy". Double Board Certified -- in both Civil Trial Advocacy and in Complex Litigation -- by the National Board of Trial Advocacy. (Complex Litigation encompasses class action litigation, multi-party litigation, and multi-forum litigation.)

Honors/Awards:

Appointed Special Assistant Attorney General of the State of Kansas, to represent that State in important civil rights litigation against the United States. See, State of Kansas, et al. v. United States of America, et al., 16 F.3d 436 (D.C. Cir. 1994).
Mr. Gallo currently serves as a member of the Board of Directors of the San Diego Inn of Court, Inc., a California non-profit corporation whose purpose is to develop trial advocacy skills through its annual College of Trial Advocacy, and through its annual Evidence Workshop. Mr. Gallo also serves as a trial advocacy instructor and an evidence instructor at the San Diego Inn of Court.

Other Outstanding Achievements:

Significant reported decisions include: Morales v. 22nd District Agricultural Association (2016), 1 Cal.App.5th 504. (Establishing principle that state agencies which are joint employers with private employers lose their immunity from state overtime law.) Rea v. Michaels Stores, Inc., 742 F.3d 1234 (9th Cir. 2014) (per curium). Whitehouse v. Six Corporation (1995), 40 Cal.App.4th 527, review denied. Resolution Trust Corporation v. Starkey, 41 F.3d 1018 (5th Cir. 1995); Pollock v. F.D.I.C., 17 F.3d 798 (5th Cir. 1994); State of Kansas v. United States of America, 16 F.3d 436 (D.C. Cir. 1994); In re: Bonita Glen II, 152 Bankr. 751 (Bankr. S. D. Cal. 1993); Matter of: S.I. Acquisition, Inc., 817 F.2d 1142 (5th Cir. 1987).
Awarded higher rights of audience in the civil courts of England and Wales, which confers the title, "Solicitor-Advocate (Higher Courts Civil)". It is believed there are fewer than five (5) American attorneys who hold the title of Solicitor-Advocate in England and Wales., 2009

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