California Employment Law Notes

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Janik v. Rudy, Exelrod & Zieff, 119 Cal. App. 4th 930 (2004)

Plaintiffs’ attorneys, who produced a class action recovery of more than $90 million for their clients, were sued by those same clients for malpractice because the attorneys had failed to allege a claim for Unfair Competition (Business & Professions Code § 17200) along with the single claim they did assert for unpaid…

Dukes v. Wal-Mart Stores, Inc., 222 F.R.D. 137 (N.D. Cal. 2004) (Jenkins, J.)

Plaintiffs in this Title VII class-action lawsuit alleged that women employed in Wal-Mart stores are paid less than men in comparable positions, despite having higher performance ratings and greater seniority, receive fewer promotions to in-store management positions, and those who are promoted must wait longer than their male counterparts to advance.

Sinatra v. Chico Unified School Dist., 119 Cal. App. 4th 701 (2004)

Charles F. Sinatra, a former assistant principal at Chico High School, alleged wrongful termination in violation of the public policy purportedly embodied in California Education Code § 44922, which permits a school district to allow older, full-time employees to work part time without jeopardizing their retirement and health care benefits. Sinatra alleged…

Prince v. CLS Transp., Inc., 118 Cal. App. 4th 1320 (2004)

Ronald Prince and two other employees filed a class-action complaint against CLS Transportation, Inc., seeking unpaid wages on behalf of more than 500 CLS drivers. CLS demurred on the ground that there was no well-defined community of interest and that a class action was not superior to other methods of adjudicating these particular…

SEC v. Gemstar-TV Guide Int’l, 367 F.3d 1087 (9th Cir. 2004)

As part of its announced plans to restructure its management and corporate governance, Gemstar-TV Guide entered into negotiations for termination agreements with its CEO and CFO. The CEO’s termination agreement provided for a “termination fee” of $22.45 million, an additional $7.03 million in unpaid salary, bonuses, and unused vacation and millions of shares…

Soukup v. Stock, 118 Cal. App. 4th 1490, 15 Cal. Rptr. 3d 303 (2004)

Peggy Soukup, a former employee of the Law Offices of Herbert Hafif, sued Ronald C. Stock for abuse of process and malicious prosecution based upon Stock’s prosecution of an earlier lawsuit against Soukup on behalf of the Hafifs and their law firm. The underlying lawsuit, which involved Soukup’s alleged disclosure…

Siebel v. Mittlesteadt, 118 Cal. App. 4th 406, 12 Cal. Rptr. 3d 906 (2004)

Thomas M. Siebel, the CEO of Siebel Systems, Inc. (SSI), sued Carol L. Mittlesteadt and E. Rick Buell, II (the Lawyers), for malicious prosecution based on their representation of Debra Christoffers, a former SSI employee. Through the Lawyers, Christoffers sued Siebel (individually) as well as SSI for wrongful termination, fraud,…

Mitchell v. Union Central Life Ins. Co., 118 Cal. App. 4th 1331 (2004)

Dorothy Wimberly Mitchell worked for The Union Central Life Insurance Company for 27 years before she allegedly became physically ill as a result of harassment and discrimination that she suffered at work. In December 1999, Mitchell filed a civil lawsuit for, among other things, discrimination and harassment under the California Fair…

Vine v. Bear Valley Ski Co., 118 Cal. App. 4th 577 (2004)

Charlene Vine suffered a broken back, resulting in paraplegia, when she fell while attempting a snowboard jump at an employee party hosted by her employer, Bear Valley Ski Company. A Bear Valley employee had reshaped the jump, using a snow cat, for use by guests at the party. In her lawsuit, Vine…

Plancarte v. Guardsmark, LLC, 118 Cal. App. 4th 640 (2004)

Eveilia Plancarte alleged that Toufik Kadah, a Guardsmark security guard, was responsible for assault, battery, false imprisonment and intentional infliction of emotional distress, all of which allegedly occurred while she was working as a janitor in a building in which Kadah was working as a guard. Plancarte also alleged “respondeat superior,” negligent hiring and…