Isner v. Falkenberg/Gilliam & Associates, Inc., 160 Cal. App. 4th 1393 (2008)

Ron and Sharon Isner were resident employees of Falkenberg — a property management company specializing in managing nonprofit housing for the elderly. Although the Isners were required to remain on the premises and be on call on designated evenings from 5:00 p.m. until 8:00 a.m., they were otherwise free to use the…

Villanueva v. City of Colton, 160 Cal. App. 4th 1188 (2008)

After Daniel Villanueva was demoted from Lead Operator to Operator II, he sued the city for discrimination based on race, national origin, ethnicity or skin color and for retaliation for his having complained about the alleged discrimination. The trial court granted summary judgment to the city after concluding Villanueva had made “unsupported charges…

Alliant Ins. Services, Inc. v. Gaddy, 159 Cal. App. 4th 1292 (2008)

Alliant Insurance Services purchased a competing insurance brokerage company from G. Scott Gaddy for $4.1 million and then employed him under a senior management agreement. Both the purchase and employment agreements contained covenants whereby Gaddy agreed not to compete with Alliant or to solicit Alliant’s or Gaddy’s clients for three years following…

Johnson v. Riverside Healthcare Sys., 516 F.3d 759 (9th Cir. 2008)

Christopher Lynn Johnson alleged he was discriminated against on the basis of his race and sexual orientation and asserted claims under 42 U.S.C. § 1981, the Unruh Civil Rights Act and the California Fair Employment and Housing Act. The district court granted defendants’ motion to dismiss, and the Ninth Circuit affirmed, holding that…

Combs v. Skyriver Communications, Inc., 159 Cal. App. 4th 1242 (2008)

Mark Combs sued his former employer, Skyriver Communications, and Skyriver’s former interim CEO, Massih Tayebi, for violations of the California Labor Code, the Unfair Competition Law and the Private Attorneys General Act of 2004. Combs, who was employed as the manager of capacity planning and later as the director of network operations, alleged…

Nygård, Inc. v. Uusi-Kerttula, 159 Cal. App. 4th 1027 (2008)

After quitting his employment with Nygård, Timo Uusi-Kerttula gave an interview about his work experiences to a Finnish magazine. Nygård then sued Timo and the magazine for a variety of claims, including breach of contract and defamation. The trial court granted defendants’ motion to strike pursuant to the anti-SLAPP statute, Cal. Code Civ. Proc.…

Bradley v. California Dep’t of Corrections & Rehabilitation, 158 Cal. App. 4th 1612 (2008)

Sallie Mae Bradley worked temporarily at a California prison as a licensed clinical social worker. Bradley sued the California Department of Corrections (“CDC”) for sexual harassment directed at her by the prison’s Muslim chaplain, Omar Shakir. The jury awarded her $300,000 in non-economic damages and $139,000 in past and future…

Verga v. WCAB, 159 Cal. App. 4th 174 (2008)

Rosemary Verga sought workers’ compensation benefits for an alleged psychiatric injury she sustained while working for United Airlines. However, the WCAB found Verga was not actually subjected to harassment or persecution. Instead, she was “a difficult person to get along with [who was] impolite, unpleasant, and co-workers never knew when she might get upset.”…

Marathon Entm’t, Inc. v. Blasi, 42 Cal. 4th 974 (2008)

Marathon Entertainment and Rosa Blasi entered into an oral contract by which Marathon would serve as Blasi’s personal manager in exchange for 15% of Blasi’s earnings from entertainment employment obtained during the course of the contract. Marathon sued Blasi after she reneged on her agreement to pay 15% of her earnings to Marathon. Blasi…

Schachter v. Citigroup, Inc., 159 Cal. App. 4th 10 (2008)

During his employment, David B. Schachter, a former securities salesperson for Salomon Smith Barney, participated in Smith Barney’s voluntary Capital Accumulation Plan, which allowed him to direct Smith Barney to pay him five percent of his total compensation in the form of restricted stock; the stock was purchased at a 25% discount below its…