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Christian Counts

Wesierski & Zurek LLP 29 Orchard Rd. Lake Forest, CA 92630 Practice Area(s): Employment / Labor, Class Action / Mass Tort Litigation call (949) 975-1000 visit website

Biographical Information Admission Dates & Jurisdictions Education Professional Experience Honors & Awards Press Verdicts & Settlements

Biographical Information

Christian Counts graduated from Loyola Marymount University in 1994 with a dual baccalaureate degree in Mathematics and Latin. Mr. Counts received his J.D. from Loyola Law School in Los Angeles, CA in 1997, where he was on the Dean’s List. During law school, Mr. Counts worked as an intern in the Unites States Attorneys Office. After graduating from law school, Mr. Counts worked as an associate at the accounting firm of Deloitte & Touche. Mr. Counts was admitted to the California Bar in 2000.

Along with partner Christopher P. Wesierski, Mr. Counts’ trial work earned recognition as one of California’s “Top 20 Defense Verdicts of 2011″ by the Los Angeles and San Francisco Daily Journal.  In 2015, he was quoted in Forbes and in Bloomberg Business in connection with his work on the UBS v. Olenicoff trial.

Mr. Counts was selected as one of the Top 100 Labor and Employment Lawyers for the State of California for 2016 and 2017 by the American Society of Legal Advocates.  He was also named one of the Top 100 Employment Law Lawyers in Southern California for every year but one, from 2016 through 2023 by The National Advocates.   Avvo awarded Mr. Counts it’s highest 10.0 Superb attorney rating and he has held that rating for many years.

Mr. Counts is licensed to practice before all of the courts of the State of California as well as the United States District Court, Central District of California. Mr. Counts is and has been a member of various professional associations including the Orange County Bar Association and the American Society of Legal Advocates.

Admission Dates & Jurisdictions

State Bar of California, since October 2000.

Education

  • Loyola Law School, Los Angeles, 1997, J.D.
  • Loyola Marymount University, 1994, B.S.

Professional Experience

  • Jury Trial — Sexual Harassment/Wrongful Termination

    Practice Area:
    Sexual harassment
    Date:
    Mar 30, 2016
    Outcome:
    Defense verdict
    Description:
    Seven-day jury trial alleging sexual harassment and wrongful termination. Gonzalez v. LBS, Orange County Superior Court case No. 2014-00709810, Hon. William D. Claster, Dept. CX-102.

  • Trial — Defense Judgment

    Practice Area:
    Litigation
    Date:
    Jul 23, 2015
    Outcome:
    Judgment for Defense
    Description:
    UBS v. Olenicoff (consolidated with Birkenfeld v. Olenicoff) — defense of malicious prosecution action. Orange County Superior Court, Dept. CX104, Hon. Kim G. Dunning. Case No. 2012-00589134 (trial dates: 7/20/15 to 7/23/15.)

  • Jury Trial — Contract and Wrongful Termination

    Practice Area:
    Litigation
    Date:
    Nov 18, 2013
    Outcome:
    Jury Trial, 15 days
    Description:
    Orange County Superior Court — Hon. Michael Brenner. Case No. 30-2012-00568563.

  • Wage & Hour (Class Action) — Class Cert Denied

    Practice Area:
    Employment and labor
    Date:
    Apr 09, 2013
    Outcome:
    Plaintiffs’ motion to certify a wage and hour class was denied.
    Description:
    Orange County Superior Court — Complex. Hon. Nancy Wieben-Stock. Case No. 30-2009-00314093.

  • Wage & Hour — Dismissal

    Practice Area:
    Employment and labor
    Date:
    Oct 14, 2012
    Outcome:
    Dismissal on eve of trial without settlement or waiver of costs
    Description:
    Dismissal of wage and hour complaint brought by plaintiff-employee against former employer alleging overtime and reimbursement claims. (San Bernardino Superior Court, case No. CIVRS1011027, Hon. Barry L. Plotkin.)

  • Wage and Hour (Class Action)

    Practice Area:
    Class action
    Date:
    Mar 28, 2012
    Outcome:
    Request to strike class allegations granted
    Description:
    Wage and Hour class action with alleged class of nonexempt employees seeking alleged unpaid wages, meal/rest period violations, expense reimbursement, et al. (San Bernardino Sup. Ct.)

  • Sexual Harassment (Orange Cty Sup. Ct.) — Trial

    Practice Area:
    Sexual harassment
    Date:
    Nov 04, 2011
    Outcome:
    Defense verdict
    Description:
    Defense verdict at trial. Alleging sexual harassment, Unruh Act, Civil Code 51.9, breach of contract. Selected as one for 20 Top Defense Verdicts of 2011 by the Daily Journal (2/15/12). Volkenburgh v. George K. (Case No. 30-2010-00384217).

  • Wage and Hour (Labor Board-San Diego)

    Practice Area:
    Employment and labor
    Date:
    Aug 01, 2011
    Outcome:
    Defense verdict
    Description:
    Dentist claiming unpaid wages from dental office. “Employee” vs. “Independent Contractor” status. Two-day trial with numerous witnesses. (DLSE case No. 10-74571 RB.)

  • Sexual Harassment (Orange Cty Sup. Ct.) — Trial

    Practice Area:
    Sexual harassment
    Date:
    Feb 28, 2011
    Outcome:
    Dismissed on third day of trial
    Description:
    Former employee alleging sexual harassment and sexual battery against former employer. (Orange County Superior Court, Hon. Michael Brenner, Alworth v. E.T. et al., case No. 2009-00125720.)

    • Appeal – Affirming Judgment of Dismissal

      Practice Area:
      Appeals
      Date:
      Jan 27, 2011
      Outcome:
      Affirmed
      Description:
      Appeal by plaintiff from judgment of dismissal entered in favor of defendant governmental entity and its employee. Distinction between “false arrest” and “malicious prosecution” was essential to immunity issues. 2011 WL 242244 (Unpub.) (Cal.App. 2d Dist., Jan. 27, 2011)

  • Appeal (National Origin Discrimination)

    Practice Area:
    Discrimination
    Date:
    Aug 07, 2009
    Outcome:
    Affirmed
    Description:
    Appeal by plaintiff after the Court granted summary judgment motion against plaintiff former-employee alleging national original discrimination. The Court affirmed summary judgment in favor of the defendant employer. 2009 WL 2414808 (Unpub.) (Cal.App. 2d Dist., Aug. 7, 2009)

Honors & Awards

Mr. Counts was selected as one of the Top 100 Labor and Employment Lawyers for the State of California for 2016 and 2017 by the American Society of Legal Advocates.  He was also named one of the Top 100 Employment Law Lawyers in Southern California for every year but one, from 2016 through 2023 by The National Advocates.   Avvo awarded Mr. Counts it’s highest 10.0 Superb attorney rating and he has held that rating for many years.

Press

http://www.bloomberg.com/news/articles/2015-07-28/ubs-whistle-blower-birkenfeld-loses-malicious-prosecution-suit

http://www.forbes.com/sites/janetnovack/2015/07/28/ubs-too-dirty-to-sue-billionaire-offshore-tax-cheat-judge-rules

Verdicts & Settlements

Wrongful Termination: Disability Discrimination and Retaliation in violation of FEHA and public policy; failure to accommodate; failure to engage in interactive process. 10 day Jury Trial.  Sanchez v. NATEC Int’l, Inc. 4/19/17 to 5/4/17 Orange County Sup. Ct. – Hon. Geoffrey T. Glass, Dept. C32, Case No. 2015-00827131.

Personal injury: trip and fall (spine injury).  11-day jury trial.  Marrone v. CVS  5/1/18 to 5/15/18 Los Angeles County Superior Court – Hon. John J. Kralik, Dept. NW-T (Van Nuys), Case No. BC548809.

Personal Injury, 4-day jury trial.  Harrod v. Crestmark Entertainment, LLC 1/17/19 to 1/28/19 Los Angeles County Superior Court – Hon. Stephen Moloney, Dept. 41 (Stanley Mosk) Case No. BC643087.

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