Plaintiff was a salesman for Verizon, and his pay was based on a compensation plan, which was basically an hourly wage plus commissions. New hires were advanced 100% of their target commission, but were paid for their actual performance, and advanced commissions were taken back if a customer cancelled service. Plaintiff filed a complaint alleging […]
Undertaking Not Required When Injunction Granted.
CCP §529(a) requires the court to order an undertaking when it grants a preliminary injunction to protect a defendant against losses that may be incurred if the defendant prevails on the merits. But when the court granted the injunction here, it also ruled on the merits of the underlying claim, and, thus, could not order […]
As The Pizza Turns. . .
Sixteen-year-old employee of a Domino’s pizza franchise filed a FEHA [Fair Employment and Housing Act, Gov. Code §12940] alleging she was sexually harassed at her job by her manager. The franchise filed for bankruptcy relief and Domino’s Pizza, Inc. filed a motion for summary judgment with evidence that “Domino’s was not [the alleged harasser’s] employer […]
National Bank Act Preempts Civil Code § 1748.9.
Civil Code §1748.9 requires certain disclosures on preprinted convenience checks issued by banks to credit card users. The National Bank Act of 1864 [13 Stat. 99] (“NBA”) contains no such requirement. The California Supreme Court concluded “the NBA preempts Civil Code section 1748.9 because the state law stands as an obstacle to the broad grant […]
Equitable Relief Permitted Under ERISA.
An employee was seriously injured in a car accident involving a drunk driver. Her past and future medical expenses, wages and pain and suffering totaled $1,757,943.08. She recovered $376,906.84 from the tortfeasor. The employer’s benefit plan gave the employer a right to full reimbursement for medical expenses paid by a third party tortfeasor, regardless of […]
Counsel’s Online Filing Satisfied FEHA’s Jurisdictional Requirement.
Plaintiff sued his employer for violating the Fair Employment and Housing Act [FEHA, Gov. Code §12900 et seq.]. The trial court grant the employer’s summary judgment motion on the sole ground the employee did not file a verified complaint with the department. The Court of Appeal reversed, concluding the employee’s counsel’s complaint filed through the […]
Real Estate Broker Not Liable To Third Parties Under B&P Statute.
Business and Professions Code §10159.2 makes a licensed individual real estate broker who is the designated officer of a corporate broker “responsible for the supervision and control” of the corporate broker’s employees. Lender alleged misrepresentations by a real estate salesman. The trial court sustained defendant’s demurrer, and the Court of Appeal affirmed, stating: “The designated […]
Right To Arbitrate Deemed Waived For Nonpayment Of Fees.
Plaintiff brought suit for securities fraud. One of the defendants moved to compel arbitration pursuant to a term in the private placement memorandum. The court granted the petition, but only two of the six defendants paid the arbitrators’ fees. The panel of arbitrators from the American Arbitration Association terminated the matter for nonpayment of fees. […]
No 17200 Claim Against Homeowners Association.
Plaintiff homeowner sued his homeowner’s association under Business and Professions Code §17200, the Unfair Competition Law. Both the trial court and the appellate court found the homeowner’s association was not a business under this statute. That v. Alders Maintenance Assoc. (Cal. App. Fourth Dist., Div. 3; June 15, 2012) 206 Cal.App.4th 1419.
A Borrower Is Not A Victim.
A woman failed to make her car payments. The car was repossessed and sold, and the bank hired a debt collector to collect the remainder of what was owed. The debt collector’s letter included the following language: “Please be advised that if you notify my office in writing within 30 days that all or a […]
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