California Employment Law Notes

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Jameson v. Five Feet Restaurant, Inc., 107 Cal. App. 4th 138 (2003)

Karla Jameson, a former server at Five Feet Restaurant, sued the restaurant for sexual harassment, retaliation, and unpaid wages, among other things, following her resignation in 1999. At trial, the jury found that although Jameson had not been sexually harassed, she had been retaliated against for complaining about alleged sexual harassment. The…

Kulshrestha v. First Union Commercial Corp., 107 Cal. App. 4th 415 (2003)

Dheeraj Kulshrestha sued First Union for wrongful termination, promissory fraud, and discrimination, among other things. In response to First Union’s motion for summary judgment, Kulshrestha filed a declaration that he executed in Columbus, Ohio but that did not state that it was signed “under penalty of perjury under the laws of the…

Roden v. Bergen Brunswig Corp., 107 Cal. App. 4th 620 (2003)

Bergen Brunswig Corporation terminated the employment of Donald R. Roden, its president and CEO, without cause in 1999. After Roden filed a lawsuit alleging intentional interference with prospective economic relations, slander, and infliction of emotional distress, among other things, Bergen Brunswig communicated a settlement offer pursuant to Code of Civil Procedure § 998.…

Kasky v. Nike, Inc., 27 Cal. 4th 939 (2002), cert. granted, 537 U.S. 1099 (2003)

Marc Kasky sued Nike, Inc. on behalf of the general public of the State of California under Business and Professions Code sections 17204 and 17535 alleging that Nike—in response to public criticism and in an effort to induce consumers to continue to buy its products—made false statements of…

Intershop Communications AG v. Superior Court, 104 Cal. App. 4th 191 (2002)

Frank Martinez, a California resident, sued his former employer, Intershop Communications, Inc., and its German parent company for breach of a stock options exchange agreement. The exchange agreement contained a choice-of-law (German law) and forum-selection clause (Hamburg, Germany). The trial court denied Intershop’s motion to stay the proceedings pursuant to the doctrine…

Park v. Shin, 313 F.3d 1138 (9th Cir. 2002)

Tae Sook Park sued Bong Kil Shin, the Deputy Consul General of the Korean Consulate in San Francisco, and his wife, Mee Sook Shin, for various employment-related claims arising from Park’s tenure as the Shins’ domestic servant. The Shins argued that they were entitled to consular immunity under the Vienna Convention on Consular Relations and…

Advanced Bionics Corp. v. Medtronic, Inc., 29 Cal. 4th 697 (2002)

Mark Stultz was employed in Minnesota as a senior product specialist for Medtronic, a manufacturer of implantable neurostimulation devices, before resigning his employment and going to work for Advanced Bionics Corporation, one of Medtronic’s competitors located in Sylmar, California. Upon accepting employment with Medtronic, Stultz signed a non-competition agreement, which contained a choice-of-law…

Honeywell v. WCAB, 104 Cal. App. 4th 829 (2002)

The Workers’ Compensation Appeals Board (“WCAB”) found that Honeywell had breached its duty to provide its employee, William Wagner, with a workers’ compensation claim form after it became “reasonably certain” of Wagner’s alleged psychiatric injury. As a result, the WCAB held that the 90-day period to contest the alleged injury began and expired without a…

Collins v. Overnite Transp. Co., 105 Cal. App. 4th 171 (2003)

The truck drivers in this case filed a class action, seeking unpaid overtime compensation from their employer, Overnite Transportation Company, a motor carrier. Overnite responded by filing a demurrer, seeking dismissal of the drivers’ claims on the ground that Wage Order No. 9 provides an exemption for motor carriers such as Overnite. The…

Bussard v. Minimed, Inc., 105 Cal. App. 4th 798 (2003)

Barbara Bussard was injured when Irma Hernandez, a Minimed clerical employee, rear-ended Bussard, who was stopped at a red light. Hernandez was on her way home after she became ill at work the day after Minimed had fumigated its premises in order to eliminate a flea infestation. Bussard sued Minimed on the grounds that…