The California Supreme Court has issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether Private Attorneys General Act (PAGA) claims can be dismissed as unmanageable. The Court affirmed a lower court’s decision, holding that “trial courts lack inherent authority to strike PAGA claims on manageability grounds”—that is, trial courts may not “dismiss [them] with prejudice.” Slip op. at 1-2. In
motion to strike
COVID-19 Emergency Order Extending Statute Of Limitations For Civil Cases Upheld
LaCour v. Marshalls of Cal., LLC, 2023 WL 5543622 (Cal. Ct. App. 2023)
Plaintiff Robert LaCour, a former “loss prevention specialist” for Marshalls, appealed from a judgment in favor of his former employer and certain affiliated entities. Marshalls filed a demurrer arguing that because LaCour’s employment with Marshalls ended in May 2019, he had only a year and 65 days to bring a PAGA…
September 2023 California Employment Law Notes
We invite you to review our newly-posted September 2023 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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Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members
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School District Employer Did Not Violate The Law By Requiring COVID Vaccination/Weekly Testing
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Employer Must Prove “Substantial Increased
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Employer Properly Challenged CUIAB’s Determination That Worker Was Not An Independent Contractor
West Hollywood Cmty. Health & Fitness Ctr. v. CUIAB, 2014 WL 6852700 (Cal. Ct. App. 2014)
After leaving his job as a massage therapist at West Hollywood Community Health & Fitness Center (d/b/a “Voda Spa”), Mario Serban applied for unemployment benefits. The Employment Development Department sent Voda Spa a letter indicating that Serban had been an employee (and not an independent contractor) and that…
Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted
Aber v. Comstock, 212 Cal. App. 4th 931 (2013)
Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he alleged defamation and intentional infliction of emotional distress. In response to Comstock’s cross-complaint, Aber filed a special motion to strike under Code of…
Former CEO’s Qui Tam Action Was Improperly Dismissed Under Anti-SLAPP Statute
People ex rel. Strathmann v. Acacia Research Corp., 2012 WL 5233520 (Cal. Ct. App. 2012)
Michael Strathmann filed a qui tam complaint against his former employer Acacia in which he alleged insurance fraud. In response, Acacia filed a special motion to strike the complaint pursuant to the anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16), which the trial court granted. The Court of Appeal…
Action Filed Against Former Employer’s Attorneys Was Subject To Anti-SLAPP Statute
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…