Cadence Design Sys. v. Avant! Corp., 29 Cal. 4th 215 (2002)

In this case, the California Supreme Court answered the following question of law certified to it from the United States Court of Appeals for the Ninth Circuit: Under the California Uniform Trade Secrets Act (UTSA), when does a claim for trade secret infringement arise: only once, when the initial misappropriation occurs, or with…

Valerio v. Andrew Youngquist Constr., 103 Cal. App. 4th 1264 (2002)

Andrew Youngquist Construction (a general contractor doing business as Birtcher Construction Services) solicited bids from subcontractors to build the Brenden Theater complex in Vacaville. Birtcher awarded Valerio the painting subcontract on the condition that he submit a performance bond. Valerio began working on the project even though he had not received an executed…

Smith v. Rae-Venter Law Group, 29 Cal. 4th 345 (2002)

Following Timothy L. Smith’s resignation as an associate with the Rae-Venter Law Group (RVLG), he filed a claim with the Labor Commissioner and obtained an award for unpaid vacation pay, some miscellaneous deductions and expense reimbursements and statutory prejudgment interest. Smith also sought but failed to recover an unpaid bonus and waiting-time penalties. Smith…

Bothell v. Phase Metrics, Inc., 299 F.3d 1120 (9th Cir. 2002)

Rex Bothell, a former field service engineer employed by Phase Metrics, Inc., alleged that he had been improperly classified as an exempt administrative employee under state and federal law and sought unpaid overtime. Phase Metrics maintained that Bothell was essentially an account manager who performed his job independently, made or recommended decisions critical…

Lopez v. C.G.M. Dev., Inc., 101 Cal. App. 4th 430 (2002)

C.G.M. Development, Inc., a property owner, entered into a contract with Dekkon Development, Inc., a general contractor, to develop commercial property located in the City of Industry. Dekkon in turn entered into a subcontract with L&E Builders to frame the roof of the building. Blas Lopez, one of L&E’s employees, was seriously injured…

Konop v. Hawaiian Airlines, Inc., 302 F.3d 868 (9th Cir. 2002)

Robert Konop, a pilot for Hawaiian Airlines, created and maintained a website on which he posted bulletins critical of the airline and the incumbent union, the Air Line Pilots Association. Konop controlled access to his website by requiring visitors to log in with a user name and password, and the website expressly prohibited…

Steam Press Holdings, Inc. v. Hawaii Teamsters & Allied Workers Union, 302 F.3d 998 (9th Cir. 2002)

During the course of a labor dispute, union president Mel Kahele told a number of employees of the company (Steam Press Holdings, Inc.) that the owner of the company, Michael Drace, was “making money” and “hiding it in Steam Press.” Drace sued Kahele for defamation, among other…

John Y., Jr. v. Chaparral Treatment Ctr., Inc., 101 Cal. App. 4th 565 (2002)

A jury awarded John Y., a minor, over $2.7 million as a result of a counselor’s sexual molestation of him while he lived at a group residential facility for emotionally troubled youth. Although a significant portion of the damages (including punitive damages) was awarded against the Chaparral Treatment Center (the…

Swat-Fame, Inc. v. Goldstein, 101 Cal. App. 4th 613 (2002)

After the employer, Swat-Fame, prevailed in a fraud/breach of contract action that a former sales representative, Leslie Goldstein, had filed against it, Swat-Fame sued Goldstein and her attorneys for malicious prosecution. The trial court granted Goldstein’s and her lawyers’ motions for summary judgment. The Court of Appeal affirmed the dismissal of the malicious prosecution…

Corbett v. Superior Court, 101 Cal. App. 4th 649 (2002)

The plaintiff in this non-employment case filed a class action seeking an injunction against a bank and a car dealership, alleging violations of the Consumers Legal Remedies Act, the Unfair Competition Law (UCL), fraud and intentional interference with prospective economic advantage. This action arose from defendants’ alleged practice of approving car loans at an…