Todd E. Croutch

Todd Croutch’s practice for the past 30 + years has involved advice and litigation in almost all aspects of business law with expertise in areas such as employment, wage and hour, PAGA, FEHA, Unruh Civil Rights Act, ADA, class actions, wrongful termination, sexual harassment and discrimination claims. Additionally, Todd handles complex commercial and business matters involving breach of contract, trade secrets, unfair competition/business practices, corporate/partnership disputes and dissolution, and related tort claims, securities, and business collection matters.

Todd is currently lead trial counsel in support of FWC’s elder abuse department and also a trial attorney in medical malpractice cases.

Todd has handled matters in a wide array of industries such as: healthcare, construction, retail, insurance, manufacturing, transportation, securities, and real estate. Clients he has represented range from entrepreneurs to insurers and publicly traded companies such as: Evanston Insurance, Essex Insurance, Markel Insurance, Zurich Insurance Companies, USF&G, Berkley Assurance Company, Verus Underwriting Managers, State Farm Insurance, Arthur J. Gallagher & Company, Keller Williams Realty, Veterinary Care of America, Mar Pizza (owner of Dominos Pizza franchises), Huntington Memorial Hospital, CHA Health Systems, Brookdale Senior Living, Methodist Hospital of Southern California, Windward Capital, SL Reed & Company, and Currie Technologies, Genesis and Ensign.

Todd’s successes in employment law are well known in California. Todd has extensive experience in representing management, as well as individual officers, directors and supervisors, and employees in employment litigation. Todd also has advised clients in a variety of labor and employment issues such as employee termination decisions, compliance with non-discrimination laws, investigation of discrimination and sexual harassment complaints, drug testing, wage and hour issues, and unemployment claims when denied by the employer. In addition, Todd has assisted employers in numerous DFEH and EEOC charge hearings and mediations. Some of his litigation successes include:

• Querubin vs. Alexandria Care Center, Genesis Administrative Services, LLC, et.al., 12-0 Defense verdict following a 7 week jury trial, causes of action: In this action, plaintiffs’ decedent, Dennis Querubin, sues through his successor in interest. His children sue individually. Plaintiffs claim that Alexandria Care Center negligently provided Mr. Querubin with food that caused him to aspirate and die. Plaintiffs’ second amended (operative) complaint contains five causes of action against defendants Alexandria Care Center, LLC dba Alexandria Care Center, Genesis ElderCare Rehabilitation Services, LLC, and Genesis Administrative Services LLC: (1) elder abuse; (2) medical negligence; (3) negligent hiring and supervision; (4) violation of resident rights; and (5) wrongful death.1 Plaintiffs seek an award of punitive damages.
• Ortiz vs. Elmcrest Care, 5 weeks binding arbitration, Court confirmed decision in favor of Defense. This case involves allegations of willful withholding of care on 8/4/17 to 63 year old resident Jose Ortiz, when he was found on the floor by his bed. Mr. Ortiz was taken to Methodist Hospital of Southern California, where he was diagnosed with full cardiac arrest and passed away four days later on 8/8/17. Plaintiffs allege the staff noticed Mr. Ortiz on the floor, but did not tend to him for 15-20 minutes, at which time he was without respiration or pulse. Plaintiffs’ complaint contains six causes of action: (1) dependent abuse; (2) wrongful death; (3) negligence; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) fraud. 
• Carl Barnum v. Villa Calimesa Mobile Home Park, wherein Barnum brought an Unruh Act claim against Villa Calimesa. Barnum, who had brought 50 or more similar suits against other defendants, visited Villa Calimesa allegedly to evaluate it as a possible residence. Barnum alleged he was disabled and denied full and equal access to Villa Calimesa because there were no designated disabled parking spaces. Barnum alleged that he was disabled within the meaning of Gov’t Code §12926(m). Villa Calimesa contended Barnum was not disabled as claimed and that videos, photographs and testimony at trial demonstrated that any alleged disability did not limit a major life activity, such as walking. Finally, Villa Calimesa argued that Barnum did not personally encounter an alleged violation within the meaning of Civil Code §55.56(c), and was not deterred from access within the meaning of Civil Code §55.56(d). Mr. Croutch obtained a defense judgment for Villa Calimesa following a 4 day trial.

• Stevenson v. Huntington Memorial Hospital, one of the seminal California Supreme Court cases on age discrimination, and in which a unanimous defense verdict was obtained.

• DeRuyter v. Methodist Hospital, the issue of religious entity exemption from the California Fair Employment and Housing Act that was before the California Supreme Court.

• Green v. Par Pools, involving allegations of discriminatory failure to equally compensate female employees and allegations of sexual harassment. At trial, Todd obtained a defense judgment and also successfully defended the appeal on the equal pay issue.

• SL Reed/Windward Capital Management v. Christenson and Anderson, a breach of contract and fraud action arising out of the settlement of an underlying employment/business litigation, which, after trial, resulted in a judgment in favor of Todd’s clients, plus a costs of proof award for expenses and fees.

• Telles v. 51 Minds, a partnership/business dispute over various reality TV shows.  After four arbitration sessions, Todd’s client prevailed on breach of contract, fiduciary duty & fraud and was awarded in excess of $8 million.
• Sokol v. Summerville of COBBCO was a complex commercial real estate and finance matter. Plaintiffs filed unlawful detainer actions seeking to terminate Defendant’s leases and effectively evict Defendant from its long term leases with Tenant favorable rent and other terms.  In arbitration, Claimants asserted 9 causes of action v. Respondent, including breach of contract, intentional interference with  prospective business relationship,  and declaratory relief. Claimants were LLCs which owned two properties at which licensed senior living communities were located. Landlords sued for breach seeking millions of dollars in damages associated with their inability to re-finance with FNMA, etc.

As a Partner in the Firm, Todd carries the responsibility of supervising other lawyers and staff members and heads the Firm’s practice in matters involving employment and other areas.