Statute of Limitations

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Johnson v. Riverside Healthcare Sys., 516 F.3d 759 (9th Cir. 2008)

Christopher Lynn Johnson alleged he was discriminated against on the basis of his race and sexual orientation and asserted claims under 42 U.S.C. § 1981, the Unruh Civil Rights Act and the California Fair Employment and Housing Act. The district court granted defendants’ motion to dismiss, and the Ninth Circuit affirmed, holding that…

Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618, 127 S. Ct. 2162 (2007)

Lilly Ledbetter was employed by Goodyear for approximately 19 years at the company’s Gadsden, Alabama plant. After taking early retirement, Ledbetter commenced this action against Goodyear in which she alleged pay discrimination on the basis of gender in violation of Title VII and the Equal Pay Act. Goodyear asserted…

Murphy v. Kenneth Cole Productions, Inc., 2007 WL 1111233 (Cal. S. Ct. 2007)

Former store manager John Paul Murphy sued Kenneth Cole Productions, Inc. (KCP), a small, upscale retail clothing store, for violations of the wage and hour law, asserting that he was improperly classified as an exempt employee. After resigning his employment, Murphy filed a complaint with the Labor Commissioner. The Labor Commissioner awarded…

Valdez v. Himmelfarb, 144 Cal. App. 4th 1261 (2006)

Elias Valdez alleged that he was injured in the course of his employment as a cook, janitor, dishwasher, and gardener at defendants’ Malibu restaurant. Valdez sued for personal injury, unfair competition, and declaratory relief based on defendants’ failure to carry workers’ compensation insurance as required by statute, but defendants contended that Valdez’s claims were barred…

Murphy v. Kenneth Cole Productions, Inc., 134 Cal. App. 4th 728 (2005)

Former store manager John Paul Murphy sued Kenneth Cole Productions, Inc. (KCP), a small, upscale retail clothing store, for violations of the wage and hour law, asserting that he was improperly classified as an exempt employee. After resigning his employment, Murphy filed a complaint with the Labor Commissioner. The Labor Commissioner awarded…

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…

Alvarez v. IBP, Inc., 339 F.3d 894 (9th Cir. 2003)

Meat packing employees of IBP, Inc. (the world’s largest producer of fresh beef, pork and related products) filed a class action lawsuit alleging violations of the federal Fair Labor Standards Act (FLSA). The employees (all of whom were non-exempt from the overtime requirements of state and federal law) alleged that they should have been…

Espresso Roma Corp. v. Bank of America, 100 Cal. App. 4th 525 (2002)

Espresso Roma Corporation suffered losses of more than $330,000 when its former bookkeeper stole blank company checks, forged signatures and used the checks to pay for personal purchases. The bookkeeper concealed his actions by removing the forged checks from the bank statements when he sorted the mail. The company did not…