David E. Mastagni

David E. Mastagni

Sacramento, CA recognized lawyers icon Recognized in Best Lawyers since 2023
Mastagni Holstedt A Professional Corporation

1 Best Lawyers award

Mastagni Holstedt A Professional Corporation logo

Awarded Practice Areas

Employment Law - Individuals Labor Law - Union Litigation - Labor and Employment

Biography

David Emilio Mastagni is a partner with the law firm of Mastagni Holstedt, APC, who focuses on representing public employee unions and their members. His labor and employment law practice includes administrative hearings, pension litigation, writs of mandamus, class actions, and appeals. He is admitted to practice in California, the U.S. District Courts of Southern, Eastern, Northern and Central Districts of California, the 9th Circuit Court of Appeals and the U.S. Supreme Court.

David's public safety clients primarily consist of law enforcement, fire fighters and public attorneys. He is an experienced panel attorney for the Peace Officers' Research Association of California (PORAC) Legal Defense Fund and frequently lectures on the CPRA, police reforms, Constitutional rights, collective bargaining, the FLSA, and public employee discipline. He provides legal analysis and testimony on behalf of his law enforcement and fire fighter clients at the California legislature on bills affecting public safety employees.

Since graduating from U.C. Berkeley School of Law in 1999, David has attained the highest Peer Review Rating of AV Preeminent by Martindale-Hubbell and was named to Super Lawyers Northern California Rising Stars from 2011-2014 and to Super Lawyers Northern California every year since 2015. He has been named to Top Attorneys in Sacramento by Sacramento Magazine since 2015.*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

Mastagni Holstedt A Professional Corporation

1 Best Lawyers award

Mastagni Holstedt A Professional Corporation logo

Overview

  • University of California Berkeley, J.D., graduated 1999
  • University of California Davis, B.A., graduated 1996

  • United States, American Bar Associtation
  • California, State Bar of California
  • California, Sacramento County Bar Association

  • AFL-CIO Lawyers Coordinating Committee - Member
  • American Association for Justice - Member
  • American Bar Association, Section of Labor and Employment Law - Member
  • California Employment Lawyers Association - Member
  • Labor and Employment Law Section of the State Bar of California - Member
  • Sacramento County Bar Association - Member

  • United States Supreme Court
  • Ninth Circuit Court of Appeals
  • All California United States District Courts
  • California Supreme Court
  • United States, American Bar Associtation
  • California, State Bar of California
  • California, Sacramento County Bar Association
  • AFL-CIO Lawyers Coordinating Committee - Member
  • American Association for Justice - Member
  • American Bar Association, Section of Labor and Employment Law - Member
  • California Employment Lawyers Association - Member
  • Labor and Employment Law Section of the State Bar of California - Member
  • Sacramento County Bar Association - Member
  • University of California Berkeley, J.D., graduated 1999
  • University of California Davis, B.A., graduated 1996
  • United States Supreme Court
  • Ninth Circuit Court of Appeals
  • All California United States District Courts
  • California Supreme Court

Client Testimonials

Awards & Focus

Recognized in The Best Lawyers in America® 2026 for work in:
  • Employment Law - Individuals
  • Labor Law - Union
  • Litigation - Labor and Employment
Additional Areas of Practice:
  • Mass Tort Litigation / Class Actions - Plaintiffs
Awards:
  • Named to Super Lawyers Northern California Rising Stars from 2011-2014 and to Super Lawyers Northern California every year since 2015.
  • Named to Top Attorneys in Sacramento by Sacramento Magazine since 2015.
  • American Jurisprudence Bancroft-Whitney Award, UC Berkeley SOL Boalt Hall
  • Best of the Bar 2013-2016, Sacramento Business Journal
  • Issued the highest Peer Review Rating of AV Preeminent., AV Preeminent Rating, Martindale-Hubble

Case History

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Q&A

Our firm provides comprehensive representation to public employee associations, their members and the public in a diverse range of practice areas. We are passionate about providing our clients effective and aggressive representation in any matters arising out of their employment and beyond. We have been representing many of our labor organization clients for over 40 years.

Often clients when clients contact me to discuss complicated employment related problems they are facing, they are primarily looking for guidance. I strive to understand my client's long term objectives, so that we can more effectively evaluate legal options to beast achieve their goals.

Shortly after the courts closed due to the safer at home orders, the California Supreme Court sent notification that Alameda County Deputy Sheriff's Association v. Alameda County Employees' Retirement Association (2020) 9 Cal.5th 1032 was being set for oral arguments over BlueJeans. Thus, I participate in my first video oral argument before the Supreme Court in the most important pension case affecting my clients. While focused on PEPRA, the arguments ultimately centered on whether the Court should overturn the so-called "California Rule" preventing the reduction of pension calculation once employment has commenced. I was gratified that the California Supreme Court upheld the “California Rule” on pensions, while ruling AB 340 did not violate the Contracts Clause.

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