Paul E. Gaspari

Shareholder


San Francisco

415.772.9618

As a Litigation shareholder of the Firm, Paul advises clients on commercial law, insurance defense, public liability, real estate, and employment-related litigation.

He routinely represents employers and their insurers, defending sexual harassment claims, discrimination, disability, and retaliation claims in state and federal courts, including DFEH and EEOC investigations and charges.

Paul was trial and appellate counsel in the following reported cases:

• Orr v. Christian Bros High School (2021-2022) U.S. App. Lexis 34810, *1-2, 2021 WL 5493416, cert. denied 2022 U.S. Lexis 3852,*1 (U.S. Oct. 3, 2022) (No. 21-1416): Summary judgment dismissing discrimination claim based on the ministerial exception affirmed by Ninth Circuit; certiorari denied by US Supreme Court.

• Ridgewater Associates v. Dublin San Ramon Services District (2010) 184 Cal.App.4th 629: Affirmed summary judgment for wastewater treatment facility accused of altering groundwater migration causing damaging to adjoining commercial properties.

• Richelle L. v. Roman Catholic Archbishop (2003) 106 Cal.App.4th 257: Affirmed dismissal of claim against employer for adult misconduct.

• Juarez v. Boy Scouts of America, Inc. (2000) 80 Cal.App.4th 87: Affirmed summary judgment in favor of Diocese, which sponsored Boy Scout troop in which molestation was alleged.

• East Bay Asian Local Development Corp. v. State of California (1999) 69 Cal.App.4th 1033: Affirmed constitutionality of religious institution exemption to state landmarking act.

• Bollard v. California Province (9th Cir. 1999) 196 F.3d 940: Affirmed ministerial exception to Title VII claims in Ninth Circuit.

• Karoutas v. HomeFed Bank (1991) 232 Cal.App.3d 767: Established duties of trustees conducting real estate foreclosure sales.

• From 2004 through 2006, Paul served as Defense Liaison Counsel in the California Judicial Council Coordinated Proceeding entitled “Clergy Cases III,” a clergy sexual abuse proceeding with over 350 claimants

Paul is a member of the Litigation, Employment, and Real Property Sections of the California State Bar. He has lectured with the Practicing Law Institute, the California Continuing Education of the Bar, and various national and local defense organizations. He is also a member of the bar of the United States Supreme Court.

Paul has been selected for inclusion in Northern California Super Lawyers by Law & Politics and San Francisco Magazine since 2005. In addition, he was appointed as a member of the San Francisco Superior Court’s Mandatory Settlement Conference Panel.


Some examples of the litigation matters Paul has led include:

• Successfully negotiated a settlement of transgender discrimination and failure to accommodate claims brought against a major California municipality.

• Obtained defense verdict in six-week jury trial v. religious order establishing that claims of sexual abuse by two plaintiffs were false claims.

• Obtained defense verdict in 11-day binding arbitration representing real estate developer accused of falsely representing the permitted use of two commercial condominiums in downtown San Francisco under local zoning laws. Post award successfully obtained judgment in superior court confirming the award.

• Successfully negotiated over $200 million settlements in child molestation claims against institutional defendants accused of negligent hiring, supervision, or retention.

• Obtained summary judgment for a Bay Area water and sanitation district accused of diverting groundwater migration which allegedly caused property damage to neighboring commercial buildings.

• Successfully settled claims against a municipality arising out of the death and injury to three young men at its civic zoo by a tiger which escaped her enclosure; successfully settled a claim against the municipality by a zookeeper who was severely injured by the same tiger during feeding one year earlier.

• Successfully obtained insurance coverage for clients sued for child abuse, sexual harassment, employee misconduct, fraud, and misrepresentation in the sale of real property.

International Association of Defense Counsel
Member

State Bar of California, Litigation, Employment and Real Property Sections
Member

Association of Defense Counsel of Northern California
Member

National Diocesan Attorneys Association
Member of Executive Committee

Western Diocesan Attorneys Association
Member

San Francisco Superior Court’s Mandatory Settlement Conference Panel
Member

Awards

Northern California Super Lawyer, 2005-2022

J.D., University of California, Hastings College of the Law, 1977

B.A., University of San Francisco, 1974

Sands Through the Hour Glass: Wage and Hour Update

Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. In addition, the ever increasing number of claims filed with the Department of…

  • When: Apr 14, 2016
  • Where: Weintraub Tobin

Even Keanu Can’t Figure It Out: The Leave Law Matrix

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging.  California has a paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another. To properly administer leaves and accommodate employees, employers need to understand the various…

  • When: Mar 17, 2016
  • Where: Webinar

Guardians at the Gate: Properly Trained Managers are Your First Line of Defense

Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern…

  • When: Feb 18, 2016
  • Where: Weintraub Tobin

Conducting Effective Workplace Investigations

Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Vida Thomas and Lizbeth West) for this one-day, in-depth training on conducting effective workplace investigations: The legal duty to investigateSelecting the right investigatorRecognizing your own biasesConducting effective witness interviewsWriting the investigation report Seminar Program8:30 am – 9:00 am – Registration &…

  • When: Mar 3, 2016
  • Where: Weintraub Tobin

Mandatory AB 1825 Sexual Harassment Prevention Training

Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all…

  • When: Dec 10, 2015
  • Where: Weintraub Tobin

The Good, The Bad and The Ugly: Documentation in the Workplace

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation. Program Highlights Postings, notices,…

  • When: Oct 15, 2015
  • Where: Weintraub Tobin

Tips and Traps When Hiring and Firing Employees

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations. Program Highlights • Training…

  • When: Sep 17, 2015
  • Where: Weintraub Tobin

Your Greatest Asset or Worst Liability: Your Employee Handbook (San Francisco Seminar)

Summary of Program Employee handbooks are essential for employers in today’s litigious environment. A carefully prepared, up-to-date, and customized handbook can be an employer’s biggest weapon against labor and employment litigation if properly used. This informative seminar will outline the dos and don’ts in drafting an effective and well written…

  • When: Aug 19, 2015
  • Where: Weintraub Tobin

35 Weintraub Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars Lists; Firm Retains Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition, 4 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 16 percent…

36 Weintraub Tobin Attorneys Named Among 2017 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2017, on which 36 Weintraub Tobin attorneys have been included. Six Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer. Weintraub Tobin attorneys named to the 2017 Southern California…

33 Weintraub Tobin Attorneys Named Among 2016 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2016, on which 33 Weintraub Tobin attorneys have been included. Three Weintraub Tobin attorneys received special honors in their respective regions. Weintraub Tobin attorneys named to the 2016 Southern California and San Diego Super…

37 Weintraub Tobin Attorneys Named Among 2015 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2015, on which 37 Weintraub Tobin attorneys have been included. Eight Weintraub Tobin attorneys received special honors in their respective regions. Weintraub Tobin attorneys named to the 2015 Southern California and San Diego…

Weintraub Tobin Raises Money for American Heart Association

For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday, September 21 at William Land Park. Our attorneys and staff work hard during the summer months to gear up for…

Weintraub Tobin Sponsors Sacramento Employer Advisory Council

Weintraub Tobin is a proud sponsor of the Sacramento Employer Advisory Council (SEAC), a nonprofit organization that helps educate employers about relevant employment issues and related legal concerns. SEAC partners with the Employee Development Department (EDD) to increase cooperation and communication between EDD and the private sector. SEAC also assists…

Weintraub’s San Francisco Office Joins Food From the Bar

The San Francisco office of Weintraub Tobin has joined forces with other Bay Area law firms to raise money and collect food donations during the month of May to benefit the San Francisco and Marin Food Banks. Food from the Bar is the legal community’s largest food and fund raising…