What Makes Delia Deliberately Different
When she is not cheering on the New York Yankees or San Francisco 49ers, Delia is tirelessly working to solve problems for her clients. Her trial and extensive litigation experience enable her to leverage strategic solutions, whether that means advising clients on how to prevent disputes, obtaining a favorable settlement or early dismissal, positioning a case and evidence for summary judgment or being prepared to try the case to verdict.
Delia’s enjoyment of her work enables her to be an unwavering advocate and to obtain favorable results consistent with her clients’ interests and business objectives.
Delia is a trial attorney, specializing in the litigation defense of all types of employment-related matters, wage and hour claims and class actions, and commercial disputes. She has tried over a dozen cases involving a broad range of employment claims, as well as commercial breach of contract and fraud actions, most recently a local three-month wrongful termination, retaliation and invasion of privacy jury trial, a month-long breach of contract and fraud trial in Bakersfield, and a race discrimination, harassment and retaliation jury trial in Los Angeles.
Delia has also handled a number of appeals in state and federal court and has argued before appellate courts on multiple occasions. She is a member of Sedgwick’s Class Action Task Force and represents employers in class actions involving a variety of industries and a broad range of issues, from meal periods and rest breaks to overtime and employer misclassification.Delia also defends employers in union/labor arbitrations. She also works in partnership with in-house counsel and human resources personnel to provide guidance and assistance in the areas of employee discipline, policies, termination, layoffs, reductions in force and responses to DFEH/EEOC and DLSE claims. She has also practiced in the areas of commercial, premises liability and maritime litigation.
Labor and Employment
Delia has successfully represented clients in litigation, trials, arbitrations, administrative hearings and arguments before the Courts of Appeal, including Chevron (and various Chevron entities), the University of California, Henkel Corporation, Fiat Chrysler Automobiles Group, Peet’s Coffee & Tea, DSW, Inc., FCE Benefits Administrators, Inc., Valero Refining Corporation, International Flavors & Fragrances, Inc., SPAR, CVS, Longs Drug Stores California, Inc., Ablestik Laboratories, ICI Paints and Rhodia, Inc.
She has obtained summary judgment in more than one dozen employment matters over the past few years and has also defeated class verification in multiple wage-and-hour putative class actions.
She obtained favorable results and verdicts for clients in a variety of federal and state court actions, class actions, labor/union arbitrations, as well as administrative proceedings, involving claims of wage and hour violations, all forms of disability discrimination, harassment, reasonable accommodation and interactive process, retaliation, wrongful termination, CFRA/FMLA leave, breach of employment agreements, assault, battery, false imprisonment, intentional infliction of emotional distress and defamation.
Delia has successfully represented clients through trial and arbitration in numerous actions involving breach of contract, fraud/misrepresentation, warranty, negligence, lost profits, and construction defect actions in many industries including oil and gas, retail, banking and manufacturing.
She obtained summary judgment — entitling her client to more than $7,000,000 dollars in fraud damages — on behalf of an international manufacturing company who sued a supplier of food powder for fraudulently supplying irradiated powder in violation of European Union food regulations and in breach of the parties’ contracts.
She also secured defense verdicts in two commercial trials, the first involving a dispute between a retailer and a supplier of ATM machines, and the second involving claims between a retailer and an armored car/money processing company.
Personal Injury/Premises Liability
Delia also defends businesses in negligence and premises liability actions, including matters involving claims of traumatic brain injury, exposure to carcinogenic substances, repetitive stress/overuse injuries, and loss of consortium, stemming from incidents at construction, retail, service and other public sites.
Delia represents maritime clients in a number of actions involving claims for Jones Act negligence, unseaworthiness and maintenance and cure resulting from alleged vibratory tool use, unsafe practices and benzene exposure.
Presentations and Publications
- Multiple CLE Presentations throughout 2016, including on Civil Procedure, Deposition Best Practices and Strategy, Employment Laws, Defending Class Action and Defeating Certification, and Wage-and-Hour Updates.
- Author, “The Impact of Changes to California’s Fair Pay Act,” The View Magazine (1st Quarter of 2016).
- Editor-in-Chief and Contributor, Sedgwick’s Employment and Labor Blog.
- Author, California Employment Law Letter.
- Author, “A Motivating Reason: Chipping Away at Pretext,” Contra Costa Lawyer Magazine (March 2013).
- Presenter, “Social Media in the Workplace,” CCCBA MCLE Presentation (2012).
- Presenter, “Ethical Issues for Labor and Employment Lawyers,” CCBA MCLE Presentation (2011).
- Moderator, “Jury Selection in Employment Cases,” ACBA MCLE Presentation (2010).
- Presenter, “Legal Landmines of Social Media,” MCLE Presentation (2009).
- Author, “Employer Blogging/Message Boarding Policy — Does Your Client Have One?” Contra Costa Lawyer Magazine (August 2008).
- Presenter, “Employment Motions: What Works and What Doesn’t,” MCLE Presentation (2008).
- Presenter, “Employment and Labor Law Compliance,” MCLE Presentation (2008).
- Presenter, “Employment Law Update,” MCLE Presentation (2007).
- Author, “Employer Ramifications of Office Romances,” Contra Costa Lawyer Magazine (August 2006).
- Presentation author, HR Compliance Workshop (2006)
- Author, “Meal Breaks: How Far Must an Employer Go to Ensure Employee Compliance With Meal Breaks,” East Bay Business Times (2005).
- 9th U.S. Circuit Court of Appeals
- 10th U.S. Circuit Court of Appeals
- U.S. District Court (C.D. Cal.)
- U.S. District Court (E.D. Cal.)
- U.S. District Court (N.D. Cal.)
- U.S. District Court (S.D. Cal.)
- U.S. District Court (S.D. Tex.)
- U.S. District Court (E.D. Wis.)
- U.S. District Court (D. Wyo.)
- J.D. (2003) University of San Francisco School of Law
- B.A. (2000) University of San Francisco
- AV Preeminent® certified, Martindale-Hubbell peer review rating system, 2012 to the present
- Top Northern California Women Attorneys, San Francisco Magazine
- Northern California “Rising Star,” Super Lawyers (based on peer recognition and professional achievement), 2009−2016
Memberships and Affiliations
- Robert G. McGrath American Inn of Court, Executive Committee member
- Contra Costa County Bar Association Labor and Employment Section — president (2007), secretary and treasurer (2008-2010), member (2007-present)
- Bar Association of Alameda County, Labor and Employment Section — Executive Committee member
- Contra Costa County Bar Association
- Alameda County Bar Association
- San Francisco County Bar Association