California Employment Law Notes

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Murphy v. Schneider Nat’l, Inc., 349 F.3d 1224 (9th Cir. 2003)

Charles E. Murphy was injured on premises owned by Trane Company while he was working as a long-haul trucker for Schneider National, Inc. Murphy filed a personal injury action against Schneider (which had failed to maintain a workers’ compensation policy) and Trane in the United States District Court for the District of Oregon…

2,022 Ranch, LLC v. Superior Court, 113 Cal. App. 4th 1377 (2003)

A purchaser of land (2,022 Ranch, LLC) sued its title insurer (Chicago Title) for breach of contract and bad faith. During the course of the litigation, 2,022 Ranch sought documents from Chicago Title’s claims file and also to depose claims handlers and their supervisors concerning Chicago Title’s handling of and refusal to…

Varian Med. Sys., Inc. v. Delfino, 113 Cal. App. 4th 273, 6 Cal.Rptr.3d 325 (2003)

Varian and two of its executives, George Zdasiuk and Susan B. Felch, sued two former employees, Michelangelo Delfino and Mary Day, after Delfino and Day used Internet bulletin boards to post more than 13,000 derogatory messages about Varian and the two executives. Among other things, Delfino (whose employment Varian…

Barbee v. Household Auto. Fin. Corp., 113 Cal. App. 4th 525 (2003)

Household Automotive Finance Corporation (HAFC) terminated the employment of its national sales manager, Robert Barbee, after learning that Barbee had a “special relationship” with one of his subordinate employees and after giving Barbee the choice of either ending the relationship or effecting his or the subordinate employee’s resignation. Barbee sued HAFC for…

American Airlines, Inc. v. Superior Court, 114 Cal. App. 4th 881 (2003)

During the course of his discrimination and wrongful termination lawsuit against American Airlines, Jawad Alamad, a former aircraft mechanic, identified Richard DiMarco, another American employee and Vice President of Local 564 of the Transport Workers Union of America, as having knowledge supporting his claims. During his deposition, DiMarco refused to identify employees…

Snider v. Superior Court, 113 Cal. App. 4th 1187 (2003)

Quantum Productions, Inc. sued its former sales manager, David Snider, for misappropriation of trade secrets, breach of contract, interference with contractual relations and unfair competition after Snider resigned his employment with Quantum and formed a competing company. Quantum filed a motion to disqualify Snider’s attorney, Dale Larabee, after it learned that Larabee had contacted…

Albillo v. Intermodal Container Services, Inc., 114 Cal. App. 4th 190 (2003)

In this class action, the plaintiff-independent contractors (truck owners and owner-operators) sued Intermodal Container Services, Inc. and other freight transportation companies (the companies) for violation of Business & Professions Code § 17200, among other things, arising out of the companies’ charging the truckers for workers’ compensation coverage. Under the lease agreement between…

Biehl v. CIR, 351 F.3d 982 (9th Cir. 2003)

Frank Biehl brought suit against his former employer, North Coast Medical Center, Inc. (NCMI), and won a jury verdict in his wrongful termination action against the company. NCMI agreed to settle the case for $1.2 million, of which $401,000 was paid directly to Biehl’s attorney. Biehl reported only $799,000 of the $1.2 million (i.e., his…

Espinoza v. Classic Pizza, Inc., 114 Cal. App. 4th 968 (2003)

Pedro Espinoza, a non-exempt employee, worked at Classic Pizza from August of 1995 until June of 1999. He testified that he worked 62 hours per week until approximately June or August of 1998, and, thereafter, he worked 60 hours per week. Prior to January 1, 1998, Espinoza was owed overtime pay for any…

Thompson v. Impaxx, Inc., 113 Cal. App. 4th 1425 (2003)

David Thompson’s employment was terminated after he refused to sign a customer non-solicitation agreement that his employer, Impaxx, required him to sign. The covenant in question stated that “[f]or a period of one year following the termination of employment, I will not call on, solicit, or take away any of [my employer’s] customers or…