breach of contract

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Goonewardene v. ADP, LLC, 6 Cal. 5th 817 (2019)

Sharmalene Goonewardene alleged claims against ADP (the payroll company used by her employer, Altour International Inc.) for wrongful termination, violation of the Labor Code, breach of contract, negligent misrepresentation and negligence. The trial court sustained ADP’s demurrer to the complaint without further leave to amend, and the Court of Appeal affirmed in part and…

We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018)

Sarah Sumner was the dean of the A.W. Tozer Theological Seminary and was employed pursuant to a written employment agreement. Her employment was terminated by Robin Dummer in his capacity as acting provost of the university on the ground that Sumner had been insubordinate. Sumner sued, alleging breach of contract, defamation, invasion of…

AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018)

AMN and Aya are competitors in the business of providing travel nurses on a temporary basis to medical care facilities throughout the country. As a condition of employment with AMN, four of its “travel nurse recruiters” had signed a Confidentiality and Non-Disclosure Agreement (“CNDA”), which among other things prohibited…

We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Lacagnina v. Comprehend Sys. Inc., 25 Cal. App. 5th 955 (2018)

David Lacagnina sued his former employer for fraud, breach of contract, breach of the implied covenant of good faith and fair dealing and “theft of labor by false pretenses” in violation of Cal. Pen. Code §§ 484 and 496.  The jury awarded $556,446 in damages, including $226,446 in damages for fraud and…

Monster Energy Co. v. Schechter, 26 Cal. App. 5th 54 (2018)

The attorneys for two individuals who had sued Monster Energy Company signed and approved as to “content and form” a confidential settlement agreement between the individuals and Monster.  During an interview with a reporter for lawyersandsettlements.com, one of the plaintiffs’ attorneys disclosed information that was subject to the confidentiality provision of the…

Harris v. County of Orange, 2018 WL 4211161 (9th Cir. 2018)

This case arises from a restructuring of two benefit plans that the County of Orange provides to its retirees.  The retirees allege they have an implied contractual right to receive the benefits provided to them throughout their retirement.  Although the district court dismissed the retirees’ breach of contract claim, the Ninth Circuit…

Shapira v. Lifetech Resources, LLC, 2018 WL 1804993 (Cal. Ct. App. 2018)

Achikam Shapira sued his former employer for breach of an employment contract. The case proceeded to a bench trial. After the parties rested but before submitting their closing arguments in brief form, Shapira requested that the trial court dismiss his action pursuant to Cal. Code Civ. Proc. § 581(e). The trial court…

Bel Air Internet, LLC v. Morales, 2018 WL 1045222 (Cal. Ct. App. 2018)

Bel Air Internet sued two of its former employees, Albert Morales and Flavio Delabra, for encouraging their fellow employees to quit and sue the company for alleged employment violations rather than sign a release of claims as Bel Air had requested. Bel Air sued Morales and Delabra for intentional interference with…