Martorana

Appellant Ron Martorana (Martorana) was a class member in a prior wage-and-hour class action filed against his former employer, respondent Allstate Insurance Company (Allstate), by counsel from several law firms—respondents Marlin & Saltzman, Louis M. Marlin, and Stanley D. Saltzman, and respondents Rex Parris Law Firm, R. Rex Parris, Robert Parris, Schwartz Daniels & Bradley, Arnold Schwartz, and Marcus Bradley (collectively Class Counsel). A settlement of the class action was approved by the Los Angeles County Superior Court, but Martorana did not recover any portion of the settlement because he failed to timely submit a claim form. Martorana then filed the instant action against Allstate and Class Counsel (Respondents), alleging that Respondents were negligent in failing to take action to contact Martorana before the claim filing deadline to determine why he had not filed a claim form and to make sure that he was aware of the need to timely do so. Respondents filed demurrers to Martorana’s complaint, which the trial court sustained.

Martorana now appeals the trial court’s orders sustaining the demurrers of Class Counsel and granting Allstate’s request for sanctions…