California Employment Law Notes

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Lyle v. Warner Bros. Television Prods., 38 Cal. App. 4th 264 (2004)

The producers of the television show "Friends" hired Amaani Lyle as a writers’ assistant in June of 1999 and terminated her employment four months later based, they said, on her poor job performance and deficient typing skills. Among other things, Lyle alleged that she was subjected to racial and sexual harassment through…

Computer Task Group, Inc. v. Brotby, 364 F.3d 1112 (9th Cir. 2004)

Computer Task Group (CTG) sued William Brotby for breach of a non-solicitation/non-disclosure agreement that he signed while he was working as an information technologies consultant. CTG succeeded in obtaining an injunction prohibiting Brotby from working for Alyeska Pipeline Service Company, one of CTG’s clients. During the discovery phase of the lawsuit, Brotby…

Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles, 117 Cal. App. 4th 1138 (2004)

Fashion 21, a nationwide retailer of women’s clothing, purchased garments from manufacturers and sewing contractors that allegedly exploited their employees by refusing to properly pay them or provide them with clean and safe facilities in which to work. The Coalition for Humane Immigrant Rights of Los Angeles…

Sampson v. Parking Service 2000.Com, Inc., 117 Cal. App. 4th 212 (2004)

George Sampson filed a wage claim with the California Division of Labor Standards Enforcement (the Labor Commissioner) in which he sought unpaid overtime, vacation pay, tips and penalties. After a two-day administrative hearing (at which Sampson was represented by an attorney), the hearing officer decided in Sampson’s favor and awarded him approximately…

Franklin v. Dynamic Details, Inc., 116 Cal. App. 4th 375 (2004)

Bryan Franklin and Franklin-Choi Corporation (FCC) sued Dynamic Details, Inc. (DDi) and Jim Axton for defamation and tortious interference after Axton sent three e-mail messages to companies with which Franklin and FCC did business; the e-mail messages accused Franklin and FCC of plagiarism and violation of copyright laws, among other things. The trial…

Yamaguchi v. Harnsmut, 106 Cal. App. 4th 472 (2003)

San Francisco Police Officer Tadao Yamaguchi and his wife, Tracy, sued Chaiyut Harnsmut and his wife, among others, for injuries Yamaguchi sustained when one of Harnsmut’s employees (Wisan Vatanavkovarun) threw scalding hot oil on Yamaguchi in the midst of an altercation that Wisan was having with one of his co-employees at the restaurant. The Court…

Casa Herrera, Inc. v. Beydoun, 32 Cal. 4th 336, 83 P.3d 497 (2004)

After Nasser Beydoun’s complaint against Casa Herrera for breach of a commercial contract and fraud was dismissed based on the parol evidence rule (barring evidence of prior oral promises that are inconsistent with a written agreement), Casa Herrera filed suit against Beydoun for malicious prosecution. Beydoun argued that termination of the…

Brigham v. Eugene Water & Elec. Bd., 357 F.3d 931 (9th Cir. 2004)

James Brigham and other employees of the Eugene Water & Electric Board (EWEB) were stationed at the Carmen Smith Hydroelectric Project, a power generation facility straddling the upper McKenzie River, 70 miles east of Eugene, Oregon, in the Willamette National Forest. Four EWEB employees worked and were required to live on-site…

Childress v. Darby Lumber, Inc., 357 F.3d 1000 (9th Cir. 2004)

Darby Lumber, Inc. (DLI) operated as a lumber mill and manufactured, marketed, and sold finished lumber. DLI owned 100 percent of the stock of Bob Russell Construction (BRC). During the 12 months prior to BRC’s closure, DLI employed 88 employees, each with more than 1,000 hours of employment with the company, and BRC…

Grafton Partners LP v. Superior Court, 115 Cal. App. 4th 700, 9 Cal. Rptr. 3d 511 (2004)

Grafton Partners and related parties (Grafton) retained PricewaterhouseCoopers (PwC) to perform an independent audit on their accounting records. The parties’ engagement letter contained a predispute jury waiver whereby both parties agreed not to demand a trial by jury “in the unlikely event” that differences should arise between…