Defendants’ petition to individually arbitrate plaintiffs’ wage and hour claims was denied by the trial court. The appellate court affirmed in light of evidence plaintiffs signed an arbitration agreement issued by a previous owner, but the arbitration agreement defendants presented to the court had been subsequently revised. Avery v. Integrated Healthcare Holdings (Cal. App. Fourth Dist., […]
Names Of Police Officers Involved In Pepper Spraying Incident Ordered Released.
A labor union representing University of California police officers filed a petition for writ of mandate from a trial court order requiring the release of unredacted reports containing the names of UC police officers under the California Public Records Act [CPRA; Government Code section 6250], to the Los Angeles Times and Sacramento Bee. The reports concern […]
Dept. Of Industrial Relations Estopped From Claiming Cosmetologists Are Employees After Labor Commissioner Found Them To Be Independent Contractors.
An administrative law judge concluded cosmetologists were independent contractors, and, therefore several salons were not liable for contributions for unemployment, employment training and disability as well as personal income tax withholdings along with penalties and interest. Nonetheless the Commissioner acting through the Division of Labor Standards, an entity within the Department of Industrial Relations [Labor Code […]
Long Time Employee Fired After Discrimination On Statute Of Limitations Issues.
Plaintiff worked for defendant since 1979 and was consistently praised for her work. In 2006, she began working under a new supervisor. The new supervisor made numerous “condescending” comments about plaintiff’s Hispanic heritage, criticized her work and told employees “that he did not want employees speaking Spanish around him. After a number of incidents, plaintiff was […]
Disney’s Procedures Did Not Amount To A Lack Of Reasonable Accommodation.
Disabled woman brought an action against Disney because Disneyland has a policy barring Segway devices from the park. The trial court granted summary judgment to Disney after finding it established that a Segway is an unstable two-wheeled device that could accelerate quickly, either forward or backward and injure the rider and/or others if the rider is […]
Hippotherapy Not Covered By State of California Children’s Services, CCS.
Child, now approximately 12 years old, was born with severe orthopedic problems and requires physical therapy. She received hippotherapy, involving placement of the child upon a horse wherein a therapist uses the movement of the horse to provide sensory input. She thereafter applied to California Children’s Services [CCS] to pay for hippotherapy she was receiving from […]
Judge Used As Pawn In Civil Extortion / Settlement Demand?
In a squabble over the receipts of a consortium of restaurants, a demand letter was sent. The appellate opinion contains the letter, albeit with the name and photograph of the judge omitted. A portion quoted states: “Because Mr. Moore has also received a copy of the enclosed lawsuit, I have deliberately left blank spaces in portions […]
False Imprisonment Action Against Counties To Proceed.
The allegations are that a man was stopped by police for driving while talking on a cellphone. He handed over his driver’s license, which showed his name as Freddy Pantoja Rodriguez, his registration, and his proof of insurance. After the two officers held a discussion, appellant was told to step out of his car, and […]
No Double Recovery When Plaintiff Dies After Suing Manufacturer And Son Brings Wrongful Death Claim.
Decedent brought an action against a cigarette manufacturer seeking damages for lung cancer, but died while the verdict was on appeal. In the present case, decedent’s son brought a wrongful death action against the tobacco company for his father’s death and received $12.8 million for loss of consortium. On appeal, the tobacco company contended the trial […]
Fees For Prevailing In Petition To Compel Arbitration In Dispute Between Lawyers And Client Must Wait To See Who Prevails In The Arbitration.
Plaintiffs brought an action against their former lawyers after the lawyers “settled several prior lawsuits brought on their behalf and did not allocate a sufficient amount of the settlement funds to the costs of suit, making plaintiffs liable to the former attorneys for costs that were actually recovered as part of the settlements.” The lawyers petitioned […]
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