Apparently plaintiff did not like being hugged and patted on her behind by her boss. After a judge awarded plaintiff $60,000 against her former employer for sexual harassment, the defendant employer appealed, arguing plaintiff never proved she exhausted her administrative remedies or that the employer had at least five employees. The appellate court affirmed, stating: […]
Another Unlicensed Contractor Case. “There Are Eight Million Stories In The Naked City. This Has Been One Of Them.”
California has a goal of precluding unlicensed contractors from maintaining actions for compensation, in order to assure contracting is performed by licensed contractors. There have been legions of cases involving one peculiar situation after another. In the instant matter, plaintiff, the live person, became a licensed general building contractor in 1995, and operated a sole […]
Treatment For Eating Disorders Covered Under Health Care Plan.
Plaintiffs suffer from eating disorders and are covered by defendant health care provider. Defendant declined to provide health care coverage to treat their eating disorders. Health and Safety Code section 1374.72 [the Parity Act] mandates that every health care service plan “provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses . […]
Spousal Support With Lavish Lifestyle Ended When Couple Separated.
An unemployed married couple lived the high life with monthly expenses averaging $45,000, thanks to subsidies by the husband’s parents, who deducted the money from their son’s expected inheritance. When the couple separated, the husband’s annual income was about $99,000, and the trial court ordered him to pay monthly permanent spousal support of $2,000 and […]
Superior Court Lacks Jurisdiction.
Plaintiff filed an action in superior court seeking an injunction to stop members of the Public Utilities Commission [PUC] from proceeding with a meeting “since the commission would not permit her to attend the meeting because of her affiliation with the Sierra Club, the meeting violated the Bagley-Keene Open Meeting Act. (Government Code section 11120). The […]
Flaws Found In Sampling Approach To Wage And Hour Case.
A wage and hour class action went all the way through to verdict. The trial court devised a plan to determine the extent of liability to all class members by extrapolating from a random sample. In the first phase of trial, the court heard testimony about the work habits of 21 plaintiffs, and defendant was […]
Class Action Settlement Reversed.
Plaintiffs brought an action against defendants for advertising a bracelet as a revolutionary bracelet that uses the body’s “biofield” to improve strength and wellness. Alleging the advertising claims were false, plaintiffs sought injunctive relief and damages on behalf of all persons in the United States who purchased a bracelet. Defendants agreed to settle the lawsuit, […]
Employee’s Evidence That Failure To Perform Job Task Was Not Important — Is Rejected.
Plaintiff was terminated after failing to perform an important annual report for three years in a row. In the ensuing wrongful termination action, the employer moved for summary judgment, and plaintiff produced expert evidence that the failure to perform the important job function did not harm the employer. The trial court granted summary judgment. The […]
A Promise Is A Promise For A Job With A State Agency.
Plaintiff responded to a public announcement for a job with a state agency. He was offered the job and accepted, but the Friday night before he was told to report, he was notified the position had been eliminated. He brought an action for damages to recover the expenses he incurred, and the trial court granted […]
Can’t Blame Loss Of Property Value After Foreclosure On Appraisal Done Seven (7) Years Earlier.
After his home was placed in foreclosure in 2011, plaintiff brought an action to try to halt foreclosure proceedings. In it, he contended defendant made fraudulent misrepresentations or omissions by stating the appraised fair market value of the home in 2004 was increasing and that the appraisal was outrageously speculative. The trial court sustained defendant’s […]
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