Ramanathan v. Bank of America, 155 Cal. App. 4th 1017 (2007)

Padmanabhan Ramanathan alleged he was discriminated against and harassed as a result of his religion (Hindu), race (Asian) and national origin. In its summary judgment motion, the Bank asserted that Ramanathan was a “Vice President” who served “at the pleasure” of the board of directors pursuant to the National Bank Act (12 U.S.C.…

Nilsson v. City of Mesa, 503 F.3d 947 (9th Cir. 2007)

Christine Nilsson applied for a position as a police officer with the City of Mesa, Arizona. In conjunction with her application, Nilsson signed a waiver of any and all claims against the police department. During the application process, Nilsson disclosed that she had been involved in an EEOC dispute with the Tempe police…

Metoyer v. Screen Actors Guild, 504 F.3d 919 (9th Cir. 2007)

SAG terminated the employment of Dr. Patricia Heisser Metoyer (SAG’s national executive director of affirmative action) after PricewaterhouseCoopers concluded she had authorized payment of $30,000 of funds available for Guild use to friends, business partners and her husband’s production company. Metoyer responded by filing a lawsuit alleging race discrimination, wrongful termination and retaliation…

Guglielmino v. McKee Foods Corp., 506 F.3d 696 (9th Cir. 2007)

Plaintiffs sued McKee Foods in this putative class action in state court, alleging violation of the California Labor Code, fraud, breach of contract and related claims. McKee timely removed the action to federal court and asserted that even though plaintiffs affirmatively alleged that the damages suffered by each of them were less than…

San Jose Constr., Inc. v. S.B.C.C., Inc., 155 Cal. App. 4th 1528 (2007)

Richard Foust was a project manager for San Jose Construction (“SJC”) for 4½ years before he became dissatisfied with his job and accepted a position at a higher salary with South Bay Construction (“South Bay”), one of SJC’s competitors. Foust believed that SJC’s clients would follow him to another company, so…

Reid v. Google, Inc., 155 Cal. App. 4th 1342 (2007)

Brian Reid, who was employed for fewer than two years as Google’s Director of Operations and its Director of Engineering, sued Google after his termination, alleging age and disability discrimination, intentional and negligent infliction of emotional distress and related claims. Reid was 54 years old at the time of his termination. Although the trial…

Sumuel v. ADVO, Inc., 155 Cal. App. 4th 1099 (2007)

In this class action, Tiffany Sumuel and Rudy Halim sued ADVO for unpaid overtime, asserting that ADVO’s policy in California of not paying supplemental salary replacement benefits to its sick or disabled managers until after they supplied proof of receipt of SDI benefits violated the “salary basis test” applicable to determining exemption from overtime.…

United States v. Sutcliffe, 505 F.3d 944 (9th Cir. 2007)

Sutcliffe, a computer technician, was convicted of three counts of making interstate threats (via the Internet) to injure another and five counts of transferring social security numbers with the intent to aid and abet unlawful activity. Global Crossing terminated Sutcliffe’s employment shortly after he was hired because he had failed to provide his social…

McGarry v. University of San Diego, 154 Cal. App. 4th 97 (2007)

Following the termination of Kevin McGarry’s employment as head coach of USD’s football team, two university officials allegedly commented to the San Diego Union Tribune newspaper about the reasons for the termination. In response to these statements, McGarry sued the university and the officials for defamation. Defendants responded with successful motions to…

Yield Dynamics, Inc. v. TEA Systems Corp., 154 Cal. App. 4th 547 (2007)

Yield Dynamics, which develops and markets software products designed to facilitate the fabrication of microchips, sued its former employee, Terrence Zavecz, and two business entities of which he is a principal for breach of contract, violation of the Uniform Trade Secrets Act and related claims. After a non-jury trial, the trial…