We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading
Trujillo v. City of Los Angeles, 2022 WL 15119812 (Cal. Ct. App. 2022) In a negligence case, the City of Los Angeles made a settlement offer to the plaintiff pursuant to Cal. Code Civ. Proc. § 998 a few days before the hearing on defendant’s motion for summary judgment. Just four minutes after the court … Continue Reading
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: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading
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 … Continue Reading
We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading
Goonewardene v. ADP, LLC, 6 Cal. 5th 817 (2019) Sharmalene Goonewardene alleged claims against ADP (the payroll company used by her employer, Altour International Inc.) for wrongful termination, violation of the Labor Code, breach of contract, negligent misrepresentation and negligence. The trial court sustained ADP’s demurrer to the complaint without further leave to amend, and … Continue Reading
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
King v. CompPartners, Inc., 2018 WL 4017874 (Cal. S. Ct. 2018) Two physician-utilization reviewers acting on behalf of Kirk King’s employer determined that a treatment that had been recommended for King (an employee who had suffered an injury covered by workers’ compensation) was not “medically necessary” and decertified the prescription without providing for a weaning … Continue Reading
Newland v. County of Los Angeles, 234 Cal. Rptr. 3d 374 (Cal. Ct. App. 2018) Donald Prigo worked as a Deputy Public Defender for the County. One day on his way home from work, Prigo hit a car driven by Kevin Vargas who was forced off the road and injured a pedestrian (plaintiff, Jake Newland). … Continue Reading
Lobo v. Tamco, 178 Cal. Rptr. 3d 515 (Cal. Ct. App. 2014) Deputy Daniel Lobo, a San Bernardino County deputy sheriff, was killed as a result of the allegedly negligent operation of a motor vehicle by Luis Del Rosario, who was leaving the premises of his employer (Tamco) to go home at the time of … Continue Reading
Gregory v. Cott, 2014 WL 3805478 (Cal. S. Ct. 2014) Carolyn Gregory was injured while providing in-home care for Lorraine Cott, an Alzheimer’s disease patient. Gregory received workers’ compensation benefits but sued the Cotts for negligence and premises liability and asserted a claim against Lorraine for battery. The trial court granted a defense motion for … Continue Reading
Ventura v. ABM Indus., Inc., 2012 WL 6636255 (Cal. Ct. App. 2012) Sylvia Ventura worked as a janitor for ABM. Ventura alleged a history of harassment and an act of violence by her supervisor, Carlos Manzano, and ratification by ABM. The jury awarded Ventura $100,000 in compensatory damages for past mental suffering. The trial court … Continue Reading
Nicholas Labs., LLC v. Chen, 199 Cal. App. 4th 1240 (2011) Nicholas Labs sued its former employee, Christopher Chen, for breach of contract, conversion, negligence, money had and received, unjust enrichment, etc., after discovering that, while employed by Nicholas Labs, Chen had engaged in a business that made him a competitor of Nicholas Labs and … Continue Reading
Dible v. Haight Ashbury Free Clinics, Inc., 170 Cal. App. 4th 843 (2009) Leah Dible, who was employed by the Haight Ashbury Free Clinics as a psychiatric counselor, was terminated after a jail inmate as to whom she had some level of responsibility committed suicide. Dible alleged that when she was terminated, she was told … Continue Reading
C.R. v. Tenet Healthcare Corp., 169 Cal. App. 4th 1094 (2009) In this class action, C.R. sued Tenet Healthcare for sexual harassment in violation of Civil Code § 51.9 (prohibiting sexual harassment by a health care provider), negligence and intentional infliction of emotional distress based upon nursing assistant Ramon Eduardo Gaspar’s alleged sexual touching of … Continue Reading
Caso v. Nimrod Productions, Inc., 163 Cal App. 4th 881 (2008) Christopher Caso, a professional stuntman, suffered severe head injuries while performing a stunt during the production of a television show. Caso and his wife (who sought damages for loss of consortium) sued defendants (the director and the stunt coordinators and their respective loan-out corporations) … Continue Reading
Vaught v. State, 157 Cal. App. 4th 1538 (2007) Marck Vaught was employed as a resource ranger for the State. His position required him to be on call “all the time.” As an inducement to accept the position, the State offered Vaught and his wife the use of a residence located in the district in … Continue Reading
Jeld-Wen, Inc. v. Superior Court, 131 Cal. App. 4th 853 (2005) In this wrongful death action arising from a motor vehicle collision, the decedent’s survivors sued Jeld-Wen and its employee Hector Solis on various negligence theories, including a claim that Jeld-Wen had negligently entrusted the vehicle to Solis. Jeld-Wen moved for summary adjudication of the … Continue Reading
Mason v. Lake Dolores Group, LLC, 117 Cal. App. 4th 822 (2004) James Mason was rendered a paraplegic after he rode down the “Doo Wop Super Drop” water slide and crashed into a dam at the end of the slide that was owned and operated by his employer, Lake Dolores Group (LDG). Shortly before the … Continue Reading
Yamaguchi v. Harnsmut, 106 Cal. App. 4th 472 (2003) San Francisco Police Officer Tadao Yamaguchi and his wife, Tracy, sued Chaiyut Harnsmut and his wife, among others, for injuries Yamaguchi sustained when one of Harnsmut’s employees (Wisan Vatanavkovarun) threw scalding hot oil on Yamaguchi in the midst of an altercation that Wisan was having with … Continue Reading
Lathrop v. HealthCare Partners Med. Group, 114 Cal. App. 4th 1412 (2004) Terry Lathrop and her husband sued HealthCare Partners, among others, for their failure to diagnose her breast cancer. The jury apportioned 58% of the fault to HealthCare Partners, which argued that it was subject to the $250,000 cap on noneconomic damages that is … Continue Reading
Ishikawa v. Delta Airlines, Inc., 343 F.3d 1129 (9th Cir. 2003) Yasuko Ishikawa, a Delta Airlines flight attendant, was terminated for failing a drug-detection urine test. Because the test had been performed negligently and had no validity, Delta rehired Ishikawa and paid her her lost income. Ishikawa also sued LabOne, the urine-testing laboratory, for negligence, … Continue Reading
Hoblitzell v. City of Ione, 110 Cal. App. 4th 675 (2003) Timothy Hoblitzell, a construction contractor, sued three employees of the City of Ione and the city itself after the employees identified themselves to one of Hoblitzell’s customers (a property owner) as building inspectors, told the customer that Hoblitzell had been performing the construction without … Continue Reading
Weber v. United Parcel Serv., 107 Cal. App. 4th 801 (2003) Gary Weber, who was employed as an aircraft mechanic for UPS, underwent periodic hearing tests in accordance with the company’s internal safety policies and the requirements of the California Code of Regulations. Eventually, the tests revealed that Weber was losing his hearing in his … Continue Reading
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