breach of contract

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DeSaulles v. Community Hosp. of the Monterey Peninsula, 62 Cal. 4th 1140 (2016)

Maureen deSaulles agreed to dismiss her causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing in exchange for a settlement payment from her former employer in the amount of $23,000. The trial court subsequently exercised its discretion and awarded $12,731.92 in…

USS-POSCO Indus. v. Case, 197 Cal. Rptr. 3d 791 (Cal. Ct. App. 2016)

Floyd Case voluntarily enrolled in a three-year, employer-sponsored educational program. Case agreed in writing that if he quit his job within 30 months of completing the program, he would reimburse his employer (UPI) a prorated portion of the program costs. Two months after completing the program, Case went to work for…

Nicholas Labs., LLC v. Chen, 199 Cal. App. 4th 1240 (2011)

Nicholas Labs sued its former employee, Christopher Chen, for breach of contract, conversion, negligence, money had and received, unjust enrichment, etc., after discovering that, while employed by Nicholas Labs, Chen had engaged in a business that made him a competitor of Nicholas Labs and that Chen had diverted business opportunities away from Nicholas…

NewLife Sciences, Inc. v. Weinstock, 197 Cal. App. 4th 676 (2011)

NewLife terminated the employment of Ronald Weinstock, the purported inventor of a Therapeutic Magnetic Resonance Device (“TMRD”), which NewLife had purchased approximately one year before the termination. In connection with its purchase of the TMRD, NewLife had obtained a non-compete covenant, which prohibited Weinstock from competing for five years after the termination of…

Pitts v. Terrible Herbst, Inc., 653 F.3d 1081 (2011)

Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of contract. Although Pitts claimed only $88 in damages for…

The plaintiff was an Australian citizen working as an associate attorney for the law firm of O’Melveny & Myers LLP on a work visa. In October 2009, Paramount extended to her a conditional offer of employment to serve as its Vice President, IT Legal, the offer being contingent upon the completion of a background investigation to Paramount’s satisfaction and the successful transfer of her work visa. The conditional offer indicated that a separate employment agreement would follow. When the plaintiff countersigned the conditional offer letter in late October, she told Paramount, for the first time, that she would not be able to start work until January 2010 because of a previously undisclosed secondment to a client of O’Melveny and because she needed to travel to Australia during the first week of January.

Shanahan v. State Farm Gen. Ins. Co., 193 Cal. App. 4th 780 (2011)

Cheryl Skigin (an attorney) sued her employer John M. Shanahan and various companies he owned for sexual battery, among other things. Shanahan settled the lawsuit for $700,000. Shanahan, who had a renter’s insurance policy with State Farm, sued State Farm for breach of contract and breach of the covenant of good…

McCaskey v. California State Auto. Ass’n, 189 Cal.App.4th 947 (2010)

Charles Luke, Francis McCaskey and John Mellen filed this lawsuit against CSAA, alleging breach of contract and age discrimination. The contract claim was based on an alleged breach by CSAA of a promise to permit senior sales agents to continue in their employ under relaxed sales quotas (minimum production requirements or “MPR’s”). Plaintiffs also alleged…

Baker v. American Horticulture Supply, Inc., 186 Cal. App. 4th 1059 (2010)

Edwin Baker worked as an independent wholesale sales representative for American Horticulture Supply, Inc. (“AHS”). A jury returned verdicts in Baker’s favor on his breach of contract and fraud claims, but the trial court ordered a new trial on the grounds of insufficiency of evidence, excessive damages and juror misconduct. The trial court granted AHS’s motion for directed verdict as to Baker’s statutory claim for violation of the Independent Wholesale Sales Representatives Contractual Relations Act of 1990 (Cal. Civ. Code § 1738.10, et seq.) on the ground that there was no evidence that AHS’s violation of the statute was “willful.” The Court of Appeal affirmed the trial court’s ordering a new trial on the non-statutory claims, but reversed its dismissal of the statutory claim after concluding that “there is no evidence … the Legislature intended to immunize a nonwillful violation of the Act.”