California Employment Law Update

Tag Archives: Civil Procedure

September 2018 California Employment Law Notes

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: Employer Must Obtain Written Authorization To Conduct Background Check Some Of California’s “Sanctuary State” Employer Obligations Are Struck Down No-Employment Provision In Settlement Agreement Is An Unenforceable Restraint  Court … Continue Reading

Class Action Dismissed For Failure To Bring Lawsuit To Trial Within Five Years

Martinez v. Landry’s Rest., Inc., 2018 WL 4091279 (Cal. Ct. App. 2018) The trial court dismissed this putative class action due to plaintiffs’ failure to bring it to trial within five years as required by the Code of Civil Procedure.  The Court of Appeal affirmed, holding that the trial court did not abuse its discretion … Continue Reading

$60,000 Sexual Harassment Verdict Is Affirmed

Kim v. Konad USA Distribution, Inc., 226 Cal. App. 4th 1336 (2014) Following a bench trial, Esther Kim was awarded $60,000 against her former employer (Konad) and her former boss (Dong Whang) for sexual harassment and wrongful termination. Curiously, defendants did not challenge the pleadings or file any pretrial motion to dispose of any part … Continue Reading

County Employee May Plead ERISA And, Alternatively, Breach Of Contract Claims In The Same Complaint

Coleman v. Standard Life Ins. Co., 288 F. Supp. 2d 1116 (E.D. Cal. 2003) Floyd Coleman, who was employed as a probation officer for the County of Sacramento, sued Standard Life Insurance Company after it denied him long-term disability benefits for his knee condition and chronic back pain. Coleman sued for a violation of ERISA … Continue Reading

Law Extending Statute Of Limitations For Tort Actions Is Not Retroactive

Krupnick v. Duke Energy Morro Bay, 115 Cal. App. 4th 1026 (2004) John Krupnick filed this personal injury action against Duke Energy Morro Bay on January 8, 2003 for injuries allegedly sustained on January 26, 2001. Duke filed a demurrer on the ground that the action was barred by the one-year statute of limitations of … Continue Reading

Court Should Not Have Enforced Settlement In Case That Had Been Dismissed

Hagan Eng’g, Inc. v. Mills, 115 Cal. App. 4th 1004 (2003) Hagan Engineering, Inc., sued several of its former employees in state court, including Daniel G. Mills (collectively, “Mills”), for misappropriation of its trade secrets and related claims; Mills sued Hagan in federal court, alleging violations of ERISA. Eventually, the parties entered into a global … Continue Reading

Employee’s Declaration Executed Out Of State Did Not Substantially Comply With California Law

Kulshrestha v. First Union Commercial Corp., 107 Cal. App. 4th 415 (2003) Dheeraj Kulshrestha sued First Union for wrongful termination, promissory fraud, and discrimination, among other things. In response to First Union’s motion for summary judgment, Kulshrestha filed a declaration that he executed in Columbus, Ohio but that did not state that it was signed … Continue Reading

Settlement Included Obligation To Continue To Pay Employee’s Retirement Benefits

Roden v. Bergen Brunswig Corp., 107 Cal. App. 4th 620 (2003) Bergen Brunswig Corporation terminated the employment of Donald R. Roden, its president and CEO, without cause in 1999. After Roden filed a lawsuit alleging intentional interference with prospective economic relations, slander, and infliction of emotional distress, among other things, Bergen Brunswig communicated a settlement … Continue Reading

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