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Musgrove v. Silver, 82 Cal. App. 5th 694 (2022)

As part of an entourage of family and friends, a Hollywood producer (Joel Silver) brought his executive assistant (who was employed through Silver’s company) as well as a French chef Silver personally employed to a luxurious resort in Bora Bora, French Polynesia to attend the August 2015 wedding of actress Jennifer Aniston.  Tragically, the executive…

We invite you to review our newly-posted July 2022 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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Cardenas v. Horizon Senior Living, Inc., 78 Cal. App. 5th 1065 (2022)

The victim of a felony has an extended statute of limitations in which to bring an action for personal injury or wrongful death against the person convicted of that felony pursuant to Cal. Code Civ. Proc. § 340.3 (“Section 340.3”). Mauricio Cardenas (who suffered from dementia) was a resident of Horizon Senior…

Hebert v. Barnes & Noble, Inc., 78 Cal. App. 5th 791 (2022)

The federal Fair Credit Reporting Act (“FCRA”) requires an employer to provide a job applicant with a standalone disclosure stating that the employer may obtain the applicant’s consumer report when making a hiring decision. In this putative class action, Vicki Hebert alleged that Barnes & Noble willfully violated the FCRA by providing…

Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022)

Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code § 1102.5, alleging that the county illegally retaliated against her after she reported that she was working below her service classification, which she believed evidenced a violation of the law. The trial court granted summary judgment to the county,…

We invite you to review our newly-posted May 2022 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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Mejia v. Roussos Constr., Inc., 76 Cal. App. 5th 811 (2022)

Plaintiffs, unlicensed flooring installers, installed floors on behalf of Roussos Construction, a general contractor. There were three individuals working between plaintiffs and Roussos whom plaintiffs called “supervisors” and Roussos called “subcontractors.” At trial, Roussos maintained that it used independent contractors (the three individuals) who were licensed to perform work not permitted by Roussos’…

Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022)

In this PAGA case, the trial court relied upon Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021) in which the Court of Appeal held that trial courts have inherent authority to strike unmanageable PAGA claims. The Court of Appeal in this case reversed the dismissal based…

Doe v. Anderson Union High School Dist., 2022 WL 1404140 (Cal. Ct. App. 2022)

A teacher at Anderson Union High School allegedly had a sexual relationship with one of his students, which included sexual activities in the classroom. The student sued the school district, the principal and superintendent for negligent hiring and supervision. The trial court granted the school district’s motion for summary judgment,…

LGCY Power, LLC v. Superior Court, 75 Cal. App. 5th 844 (2022)

California resident Michael Jed Sewell worked as a sales representative and sales manager for LGCY Power, which is headquartered in Salt Lake County, Utah. In 2015, Sewell signed a “Solar Representative Agreement,” which included noncompetition, nonsolicitation and confidentiality provisions as well as Utah choice of law and forum provisions. In 2019, Sewell…