California Court of Appeal

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McCleery v. Allstate Ins. Co., 2018 WL 6583916 (Cal. Ct. App. 2018)

Plaintiffs/property inspectors alleged they were improperly hired as independent contractors by insurance companies and sought payment of unpaid minimum wages, overtime, meal and rest breaks, employee expense reimbursements as well as compliance with various other Labor Code provisions. The trial court concluded that plaintiffs’ proposed class action would not be superior to…

Wassmann v. South Orange County Cmty. Coll. Dist., 2018 WL 3063946 (Cal. Ct. App. 2018)

Carol Wassmann challenged her dismissal from employment as a tenured librarian at Irvine Valley College in a five-day administrative proceeding brought pursuant to the Education Code. The administrative law judge determined there was cause to terminate Wassmann’s employment, and the trial court upheld the judge’s decision. Wassmann then filed…

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…

Serrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018)

Norma Serrano brought this putative class action against her employer (Aerotek), which placed her as a temporary employee with its client (Bay Bread). Serrano alleged violations of the Labor Code and of the Private Attorneys General Act (PAGA) based upon, among other things, Aerotek’s alleged failure to provide required meal periods. The…

Simers v. Los Angeles Times Commc’ns, LLC, 18 Cal. App. 5th 1248 (2018)

T.J. Simers, a well-known sports columnist for the Los Angeles Times, alleged disability and age discrimination and constructive discharge – Simers, who had suffered a “mini-stroke” from which he quickly recovered, quit his job after his column was suspended and he was reprimanded and demoted for a possible ethical…

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…

People ex rel. Alzayat v. Hebb, 18 Cal. App. 5th 801 (2017)

Mahmoud Alzayat filed this qui tam action against his employer (Sunline Transit Agency) and his supervisor (Gerald Hebb), alleging a violation of the Insurance Frauds Prevention Act (“IFPA”) based upon allegedly false statements that Hebb made in an incident report submitted in response to Alzayat’s workers’ compensation claim and in a…

Khan v. Dunn-Edwards Corp., 19 Cal. App. 5th 804 (2018)

Hamid H. Khan brought this lawsuit against his former employer pursuant to the Private Attorneys General Act of 2004 (“PAGA”) based on the fact that his final paycheck (in contrast to all other wage statements he had received) did not include the start date for the applicable pay period. Khan purported to sue…

Duran v. U.S. Bank Nat’l Ass’n, 19 Cal. App. 5th 630 (2018)

Samuel Duran and Matt Fitzsimmons filed this wage-and-hour class action challenging the Bank’s classification of its business banking officers as exempt employees under the outside salesperson exemption. The trial court denied class certification after concluding plaintiffs had failed to carry their burden of showing that common questions predominated. The trial court…

Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016)

Luis Castro-Ramirez sued his former employer, Dependable Highway Express, Inc., for “associational disability discrimination,” failure to prevent discrimination and retaliation under the California Fair Employment and Housing Act (“FEHA”) and wrongful termination. Castro-Ramirez’s son requires daily dialysis, and Castro-Ramirez must administer the treatment to his son. Castro-Ramirez’s supervisors had for several years…