Wendy S. Albers

Wendy Albers, a Partner at Benedon & Serlin, LLP, a premier appellate boutique law firm in Southern California, has been representing clients in the appellate field for over 25 years. Wendy handles appeals, writ proceedings, trial consultations, and post-trial motions in a wide variety of matters including, anti-SLAPP litigation, employment, contracts and civil disputes. 

As a Certified Specialist in Appellate Law, Wendy has consistently been recognized in the Appellate field by Best Lawyers in America and has been a Southern California Super Lawyers since 2019.

Specific examples of appellate cases handled by Wendy include the following:

• Defrauded by a prominent film producer, movie finance consultants sued the producer's law firm, specifically alleging that the firm’s partner sent a false and unsolicited letter leading them to believe they were not entitled to payment under their contract with the producer.  The trial court granted the law firm’s anti-SLAPP motion, deeming the letter protected prelitigation communication effectively barring the lawsuit.  Wendy successfully convinced the appellate court to reverse the order, concluding that the letter was not protected under the anti-SLAPP statute or by the litigation privilege.
• A wife sued her ex-husband and his former attorneys for malicious prosecution, alleging they falsely accused her of fabricating child abuse claims despite contrary evidence.  The trial court granted anti-SLAPP motions filed by the husband and his attorneys on the ground that the wife’s failed anti-SLAPP motion in the underlying action was an interim adverse ruling that defeated the wife’s malicious prosecution claim as a matter of law. Nevertheless, Wendy successfully persuaded the appellate court that the denial of an anti-SLAPP motion is not an interim adverse ruling and the wife had set forth sufficient evidence to support her malicious prosecution claim.
• A southern California casino moved to compel arbitration in a lawsuit filed by a former employee that argued the casino waived its right to arbitration by not seeking to arbitrate for over a year due to the COVID-19 restrictions.  The trial court found waiver and denied the motion to compel arbitration. Wendy successfully argued to reverse the trial court’s order by showing the employee failed to show he was prejudiced by the delay in seeking arbitration. Shortly after this verdict, the U.S. Supreme Court, in Morgan v. Sundance, Inc., held that prejudice is not a requirement for arbitration waiver under federal law.
• A former Technicolor employee and his wife, both British citizens, sued Technicolor for negligently handling the green card process for employment-based residency.  After the jury ruled in the employee’s favor, Technicolor appealed. Wendy successfully persuaded the appellate Court to affirm the jury’s verdict, which in a published opinion, concluded that the employees met their burden of proving that Technicolor’s negligence caused their harm, and that the workers’ compensation exclusivity was inapplicable.