Jon P. Kardassakis

Partner

  • location icon Los Angeles, CA
    633 West 5th Street
    Suite 4000
    Los Angeles, CA 90071

Jon Kardassakis is a partner in the Los Angeles office of Lewis Brisbois and a chair of the Class Action & Mass Tort Practice. Mr. Kardassakis has more than thirty-five years experience as a trial attorney and holds the rank of Associate in the American Board of Trial Advocates (ABOTA). He has tried more than thirty-five cases to conclusion in state and federal courts, including complex fraud, business and employment litigation. He regularly defends class action litigation, including cases involving claims based on products liability, consumer fraud, cyber breach, privacy claims, professional errors and omissions, insurance practices and employment litigation. (See "Additional Information" Tab for a list of Representative Cases.) These cases routinely include claims for violation of California’s Unfair Business Practices Law (Cal. Bus. & Prof. Code section 17200 et seq.), False Advertising Law (Cal. Bus. & Prof. Code section 17500 et seq.), Consumer Legal Remedies Act (Cal. Civil Code section 1750 et seq.), Song-Beverly Act, and/or similar consumer protection claims under the laws of other states, fraud, breach of express and implied warranty claims. Class action privacy claims include alleged violation of California’s Confidentiality of Medical Information Act (Cal. Civil Code section 56.10 et seq.) and violation of Cal. Health & Safety Code section 1430. He is experienced in defending class actions against manufacturers, health care providers, restaurants, employers and insurers. 

Included within his Mass Tort experience is that he is currently defending a major American footwear company in connection with claims by approximately 740 consumers who claim to have been injured as a result of what they allege are design defects in the footwear.

In addition to his class action and mass tort practice, he handles other significant commercial and business litigation, including, matters involving allegations of libel, slander, trade libel, disparagement, violation of intellectual property rights, fraud, negligent misrepresentation and breach of contract claims.

He is an experienced appellate lawyer having successfully argued matters before the California Supreme Court, and various state and federal appellate courts.

Mr. Kardassakis has made presentations at numerous seminars and is an instructor for the National Institute For Trial Advocacy [NITA]. He is admitted to practice before the United States Supreme Court, the Fourth, Seventh, Eighth and Ninth Circuits of the United States Court of Appeals, district courts in the Central, Northern, Southern and Eastern Districts of California and all California State courts. He also has experience with litigation in other states, including matters ordered coordinated or consolidated by the Judicial Panel on Multidistrict Litigation. He has handled many matters in arbitration and has also acted as a court appointed arbitrator.

Related News

Publications

“Understanding Advertising Injury Insurance: Application to Protect Against Business Torts,” Defense Counsel Journal, Vol. 71, April 2004

Representative Cases

Consumer Fraud Class Actions
Salameh et al. v. 5th & K Parcel 2 Owners Association et al (Hard Rock Hotel San Diego), San Diego Superior Court case number 37-2010-00094424-CU-OR-CTL.

  • Description: Consumer fraud- fraud, breach of fiduciary duty, Unfair Competition Law (Cal. B&P Code § 17200 et seq – “UCL”), alleged overcharging of unit owners fees at Hard Rock Hotel San Diego.
  • Result: Our motion for judgment granted and claims ordered dismissed 3/28/14. Affirmed on appeal.

Mann et al. v McMillan-NTC 129, LLC et al., San Diego Superior Court case number 37-2009-00101911-CU-FR-CTL.

  • Description: Consumer fraud- fraud, negligent misrepresentation, UCL, False Advertising Law (Cal. B&P Code § 17500 et seq. – “FAL”) arising from sale of homes in Liberty Station
  • Result: Judgment entered 5/9/13 in favor of all defendants at trial after our motion for decertification was granted and plaintiffs’ counsel commenced filing additional individual actions, which were all abandoned and dismissed following our win at trial in the lead case.

In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation, 22 Class actions consolidated in MDL proceeding before the U.S.D.C., E.D. of Missouri, no. 4:08-md-01907-ERW.

  • Description: Consumer fraud- statutory and common law fraud and consumer protection claims, breach of warranty, negligent misrepresentation, unjust enrichment arising from sale of organic milk to consumers
  • Result: Judgment in favor of our client (QAI, Inc.) affirmed on appeal. See, In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation, 621 F.3d 781  (8th Circ. 2010).

Burns v WD-40 Company, Orange County Superior Court case number 30-2010-00382503.

  • Description: Consumer fraud- Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq. – “CLRA”), UCL, breach of warranty and unjust enrichment arising from sale of household cleaning products
  • Result: Trial court granted our motion for summary judgment, affirmed on appeal.  See, Burns v WD-40 Company, Cal. Court of Appeal, 4th Appellate District, case no. G047027, Opinion filed 6/10/13.

Harbut, Parker v Mona Vie, Inc. et al, U.S.D.C. Central District of Cal. case no. EDCV12-1983 TJH (OPx).

  • Description: Consumer fraud- CLRA, UCL, FAL, Magnuson-Moss Act, breach of warranty arising from sale of Acai berry products
  • Result: Plaintiff’s two motions for class certification were both denied.

Pontrelli v Mona Vie, Inc. et al, U.S.D.C. – D. New Jersey case no. 2:13-cv-04649-WJM-MF.

  • Description: Consumer fraud-  New Jersey consumer protection claims,  unjust enrichment arising from sale of Acai berry products
  • Result: Pending.

Gonzalez v Mona Vie, Inc. et al, San Bernardino Superior Court case no. CIVDS1309111.

  • Description: Consumer fraud- UCL, FAL, CLRA, unjust enrichment arising from sale of Acai berry products
  • Result: Case dismissed in 2014.

In Re Skechers Toning Shoes Products Liability Litigation, Multiple class actions and other actions consolidation in a MDL before U.S.D.C. – W.D. of Kentucky, MDL No. 2308.

  • Description: Consumer fraud- statutory and common law claims arising from sale of Skechers’ Shape-ups toning shoes
  • Result: Final Order and Judgment Approving Class Action Settlement entered 5/13/13.

Wilhelm v International Career Development Center (ICDC College), Los Angeles Superior Court case no. BC481389.

  • Description: Consumer fraud- statutory and common law claims arising from marketing of education programs college.
  • Result: Motion to compel a two-party (non class action) arbitration granted 5/8/13.

Nunes et al v Affinitylifestyles.com, Inc. dba Real Water, District Court, Clark County, Nevada, case no. A-16-74109-C.

  • Description: Consumer fraud – plaintiffs allege violation of Nevada Deceptive Trade Practices Act (NRS 41.600 and NRS Chapter 598),breach of express warranty, breach of implied warranty of merchantability  and unjust enrichment.
  • Result: Pending

Granquist et al v Shuttle Computer Group, Inc. et al, Los Angeles Superior Court case no. BC319409.

  • Description: Consumer fraud- CLRA, UCL, FAL arising from sale of computer mother boards
  • Result: Order Granting Certification of A Settlement Class and Approval of Settlement entered 11/17/10.

Green et al v Diamond Pet Food et al, U.S.D.C. – Central District of Cal. case no. CV-09-00486-GAF (PLAx).

  • Description: Consumer fraud- UCL, CLRA, negligence, unjust enrichment arising from sale of allegedly harmful pet food
  • Result: Our motion to dismiss granted 6/9/09. 

Carper et al v American Honda Motor Company Inc. et al, U.S.D.C. – Central District of Cal. case no. CV-07-1481 MMM.

  • Description: Consumer fraud- UCL, FAL, CLRA arising from sale of automobiles
  • Result: Court granted our motion to dismiss by Order dated 7/13/07.

In Re Michelin North American, Inc. Pax System Marketing and Sale Practices Litigation, Multiple class actions consolidated before U.S.D.C. D. of Maryland,  MDL case no. 08-md-1911.

  • Description: Consumer fraud-  statutory and common law claims arising from sale of automobiles with run flat tires
  • Result: Order and Final Judgment Granting Final Approval of Class Action Settlement entered 6/23/09.

Olson v American Honda Motor Co. et al, U.S.D.C. – Central District of Cal. case no. 2:07-CV-02369  MMM (AJWx).

  • Description: Consumer fraud-  statutory and common law claims arising from sale of automobiles with run flat tires
  • Result: Plaintiff voluntarily dismissed the suit with prejudice 8/3/07.

Robinson v American Honda Motor Company, Inc. et al, U.S.D.C. – District of Maryland.

  • Description: Consumer fraud- Breach of warranty and declaratory relief arising from sale of automobiles with run flat tires
  • Result: Trial court granted our motion to dismiss on 6/11/07.  Affirmed on appeal, see Robinson v American Honda Motor Co. Inc., 551 F.3d 218 (4th Cir. 2009).

Bacca v Bavarian Motor Works, U.S.D.C. Cal. and New Jersey.

  • Description: Consumer fraud- Breach of warrant and defective products claims  alleging defects in the sub-frame of BMW vehicles spanning ten model years.
  • Result: A settlement class was certified and settlement was approved by the court on August 3, 2009.

Morris et al v Bavarian Motor Works, U.S.D.C. –Northern District of  Cal. case no. C 07-02827 WHA.

  • Description: Consumer fraud- statutory and common law claims alleging defects in run flat tires on certain BMW vehicles.
  • Result: Plaintiffs voluntarily dismissed the action subsequent to the court granting in part our motion to dismiss certain claims. See, 2007 U.S. Dist. LEXIS 85513.

 

Professional Services Class Actions
Hakobyan et al. v Bander Law Firm et al, Los Angeles Superior Court case no. BC429310.

  • Description: Professional Services-alleged attorney malpractice and overcharging for mortgage refinance services 
  • Result:  Plaintiffs abandoned the suit on or about 4/5/ 2010.

Yoon et al. v Bander  Law Firm et al, Los Angeles Superior Court case no. BC431544.

  • Description: Professional Services-alleged attorney malpractice and overcharging for mortgage refinance services 
  • Result: Plaintiffs abandoned the suit on or about 8/26/ 2011 following rulings adverse to plaintiffs on the eve of trial

Gergel v RST &Associates, et al, Los Angeles Superior Court case no. BC420271.

  • Description: Professional Services-alleged residential rental agents overcharged  tenants in connection with move-out inspections and failing to pay interest on security deposits
  • Result: Settled in 2010 on an individual basis following denial of plaintiff’s motion for class certification.

 

Privacy Class Actions - Call Recording Cases
Anderson v. PODS of Los Angeles et al, U.S.D.C. Central District of California case no. CV-13-4893 DSF (JCx).

  • Description: Privacy Case-alleged unlawful recording of consumer’s telephone calls in violation of Cal. Penal Code 632 et seq.
  • Result: Dismissed for lack of subject matter jurisdiction 11/13/13.

Cohen v Charter Communications, Inc. et al., Los Angeles Superior Court case no. BC489061.

  • Description: Privacy Case-Alleged unlawful recording of consumer’s telephone calls in violation of Cal. Penal Code § 632 et seq.
  • Result: Plaintiff abandoned class claims and case settled on an individual basis.

Roman v BRE, et al., U.S.D.C. Central District of California, case no. CV-11-03103.

  • Description: Privacy Case-Alleged unlawful recording of consumer’s telephone calls in violation of Cal. Penal Code § 632 et seq.
  • Result: Settled claims of named plaintiff only on an individual basis.  Class claims abandoned.

Cohorst v. BRE, et al., U.S.D.C. S.D. of California, case no. 3:10-cv-2666 JM BGS.

  • Description: Privacy Case-Alleged unlawful recording of consumer’s telephone calls in violation of Cal. Penal Code § 632 et seq.
  • Result: Twelve state class action settlement in 2011. (Settlement included claimants in all states requiring all parties’ consent to record calls.)

 

Privacy Class Actions - Disclosure of Confidential Medical Information Class Actions
Springer et al v Stanford, et al., Los Angeles Superior Court case no. BC470522.

  • Description: Privacy Case-Alleged unlawful disclosure of confidential medical information in violation of Cal.Civil Code § 56 et seq.
  • Result: Class action settlement approved 3/28/14. Class action settlement approved 3/28/14.

Santana v. Rady Children’s Hospital, San Diego Superior Court Case no. 37-2014-00022411 c/w 37-2014-00022652.

  • Description: Privacy Case – Data Breach – alleged disclosure of confidential medical information.
  • Result: Pending

Dennis-Morgan v Loma Linda University Medical Center, San Bernardino Superior Court case no. CIVDS 1200637.

  • Description: Privacy Case-Alleged unlawful disclosure of confidential medical information in violation of Cal. Civil Code § 56 et seq
  • Result: Plaintiff dismissed for a waiver of costs in March 2014 after becoming persuaded that class certification would be denied.

Chavez v. Loma Linda University Medical Center, San Bernardino Superior Court CIVDS 1200473.

  • Description: Privacy Case-Alleged unlawful disclosure of confidential medical information in violation of Cal. Civil Code § 56 et seq
  • Result: Plaintiff dismissed for a waiver of costs after becoming persuaded that class certification would be denied. October 29, 2012.

 

Privacy Class Actions - Data Breach Class Actions
Lewert v P.F. Chang’s China Bistro, Inc., U.S.D.C./Northern District of Illinois Eastern Div. Case no. 1:14-cv-04787 c/w 14-cv-04923

  • Description: Privacy Case – Data Breach – alleged disclosure of credit and debit card information.
  • Result: Motion to dismiss granted in 2014. Reversed on appeal. Case remanded to the district court for further proceedings..

Lovell v P.F. Chang’s China Bistro, Inc. U.S.D.C./Western District of Washington – Seattle Division Case no. 2:14-cv-01152.

  • Description: Privacy Case – Data Breach – alleged disclosure of credit and debit card information.
  • Result: Motion to dismiss granted April 2015. 

Foster v Essex Property Trust, Inc., U.S.D.C./Northern District of California

  • Description: Data breach – alleged disclosure of credit and debit card information.
  • Result: Motion to dismiss pending.

 

Securities Class Action

Brown v China Integrated Energy, et al., U.S.D.C., Central District of California case no. CV 11-02559 BRO (PLAx).

  • Description: Securities litigation – Section 11 claim against accountants.
  • Result: Court granted preliminary approval of class action settlement February 2015.

 

Insurance Litigation Class Action

Foster v Automobile Club of Southern California, et al, Los Angeles Superior Court case no. BC 560910.

  • Description: Insurance litigation allege breach of contract, breach of covenant of good faith and fair dealing, violation of Cal. Bus. & Prof. Code §17200 et seq. (Unfair Competition), conspiracy to violate plaintiff’s rights and commit tortious act.
  • Result: Demurrer to Third Amended Complaint sustained without leave to amend August 31, 2016.

Reed v National General Insurance Company et al, Los Angeles Superior Court case no. BC 594914.

  • Description: Insurance litigation alleges violation of Cal. Bus. & Prof. Code §17200 et seq. (Unfair Competition), Cal. Bus. & Prof. Code §17500 et seq. (False Advertising), breach of covenant of good faith and fair dealing, breach of contractual duty to pay coverage claims, negligent misrepresentation.
  • Result: Demurrer sustained to Second Amended Complaint without leave to amend May 31, 2016.

Montes v Bank of America, et al., U.S.D.C., District of Nevada case no. 2:13-cv-006660 RCJ-VCF.

  • Description: Insurance litigation alleges breach of contract, bad faith, unjust enrichment, negligence, concealment and fraud, civil conspiracy and statutory violations arising from sale of insurance pursuant to Customer Rewards Program.
  • Result: Motion to dismiss granted with leave to amend some claims.  Case then settled on an individual basis.

 

Skilled Nursing Case Class Actions
Chandler et al v Long Beach Convalescent Center et al., Los Angeles Superior Court case no. BC403866.

  • Description: Skilled nursing care – alleged failure to provide sufficient skilled nursing care staff for in-patient residents
  • Result: Settlement approved and case dismissed in 2014.

 

Employment Litigation Class Actions
Woodworth v Loma Linda University Medical Center, San Bernardino County Superior Court

  • Description: Wage and hour class action alleging violation of Cal. Bus. & Prof. Code §17200 et seq. (Unfair Competition), failure to pay all wages, violation of Labor Code 200 et seq., failure to provide meal breaks, inaccurate wage statements, unpaid wages due to illegal rounding, penalties under PAGA.
  • Result: Pending.

Lopez et al v IMT Capital, LLC et al., Los Angeles Superior Court case no. BC500006.

  • Description: Employment litigation / wage and hour claims
  • Result: Plaintiffs’ dismissing class claims; settlement of individual claims.

Oh v Best Coach, et al., Los Angeles Superior Court case no. BC462848.

  • Description: Employment litigation / wage and hour claims.
  • Result: Class action settlement approved in 2013.

Garcia v Villa Elena, Los Angeles Superior Court case no. BC404490.

  • Description: Employment litigation / wage and hour claims
  • Result: Class action settlement approved July 27, 2010.

Martirosyan v Music Express, Los Angeles Superior Court case no.BC417637

  • Description: Employment litigation / wage and hour claims
  • Result: Settled on an  individual basis May 20, 2010

Talavera et al v QTS, Inc. et al, Los Angeles Superior Court case no. BC 501571

  • Description: Alleged misclassification of truck drivers - Third Amended Class Action Complaint alleges failure to pay minimum wages, unlawful deductions from pay, failure to reimburse business expenses of employees, willful misclassification (PAGA), failure to provide meal and rest periods, failure to provide accurate wage statements, waiting time penalties, unfair competition, retaliation and civil penalties under the Private Attorney General Act of 2004 (PAGA)
  • Result: Proposed class action settlement pending.

 

Discrimination (Food Pricing)
Phillips v P.F. Chang’s China Bistro, Inc., USDC/ Northern District Case no. 5:15-cv-00344.

  • Description: Discrimination – plaintiff alleges unlawful discrimination by charging higher prices for gluten-free menu items. 
  • Result: After initial discovery Plaintiff was persuaded to move to voluntarily dismiss the action ono April 27, 2016.  This was not a settlement. Plaintiff received no consideration for the dismissal

 

Click here for a comprehensive table

Professional Presentations

  • Class Action Litigation & Management Conference (Bridgeport Continuing Education), Faculty presenter on “Hot Topics in Class Actions (Rule 23 Changes, Privacy & Data Breach Cases, Presumption of Reliance)” – September 16, 2016, San Francisco, California
  • 2017 Consumer Class Action Conference (Bridgeport Continuing Education), Faculty presenter on “How To Use and Combat A Presumption of Reliance In Consumer Class Actions” – January 13, 2017, Orange County, California

Admissions

California

United States Supreme Court

United States Ninth Circuit Court of Appeals

Eighth Circuit Court of Appeals

Fourth Circuit Court of Appeals

United States District Courts for the Central, Northern, Eastern and Southern Districts of California

Associations

  • American Board of Trial Advocates (ABOTA)
  • National Institute For Trial Advocacy [NITA] Instructor

Awards & Honors

  • AV Rating, Martindale-Hubbell
  • Superlawyers, Class Action and Mass Tort

Education

University of California at Davis, King Hall Law School

Juris Doctor, 1979

University of California at Davis

Bachelor of Science, 1976

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