Civil Procedure

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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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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 by failing to exclude from its calculation of the…

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 of the case prior to the commencement of trial,…

Soukup v. Stock, 118 Cal. App. 4th 1490, 15 Cal. Rptr. 3d 303 (2004)

Peggy Soukup, a former employee of the Law Offices of Herbert Hafif, sued Ronald C. Stock for abuse of process and malicious prosecution based upon Stock’s prosecution of an earlier lawsuit against Soukup on behalf of the Hafifs and their law firm. The underlying lawsuit, which involved Soukup’s alleged disclosure…

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 and under state law for breach of contract and…

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 former California Code of Civil Procedure Section 340(3). Krupnick…

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 settlement and dismissed both lawsuits with prejudice. Within two…

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 “under penalty of perjury under the laws of the…

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 offer pursuant to Code of Civil Procedure § 998.…