A 37-year-old gay native and citizen of the Philippines was ordered removed from this country. The Ninth Circuit granted the man’s petition for relief, stating: “Dennis Vitug, a native of the Philippines, petitions for review of the Board of Immigration Appeals (BIA) order vacating an immigration judge’s (“U”) grant of withholding of removal and protection under […]
Volunteer Police Officer Not An Employee Under FEHA.
The city of Los Angeles deems those who serve as volunteer police reserve officers as employees for the limited purpose of extending workers’ compensation benefits. The appellate court held: “The City’s policy decision to extend workers’ compensation benefits to these individuals, who voluntarily put themselves in harm’s way on behalf of the community, does not transform the volunteers‘ […]
U.S. Not “Substantially Justified” In Denying Social Security Claim, So Plaintiff Awarded Fees And Costs.
In an action for Social Security disability benefits, the government prevailed at the administrative and trial court levels, but the claimant prevailed before the Ninth Circuit. The claimant then requested attorney fees and costs from the district court, but the court denied them after finding the government’s position was substantially justified in that it prevailed in […]
Code of Civil Procedure section 998 Expert Costs For Defendant After Voluntary Dismissal Prior To Trial.
Plaintiff was injured in a fall in a supermarket. Defendant’s overtures toward settlement under Code of Civil Procedure section 998, as well as defendant’s demand for exchange of expert witnesses were ignored by plaintiff. Defendant moved in limine to preclude the use of experts by plaintiff, and plaintiff dismissed the action prior to a ruling. Defendant […]
In FEHA Action, No Need To Show Action Frivolous In Order To Obtain Ordinary Costs.
The trial court granted a motion for summary judgment in favor of a fire department in a FEHA case [California Fair Employment and Housing Act; Government Code section 12900], and then ordered plaintiff to pay costs of $5,368.88. On appeal, the court stated: “The issue presented is whether the District, as the prevailing party, must show […]
Defendant’s Submitted A Different Arbitration Agreement To The Court, Not The One Signed By Plaintiffs.
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 […]
The city’s bylaw connection fee (currently $1
“Real intimacy is not just about feeling all warm and cozy and kumbaya,” O adds. “It also about the ability to feel like somebody safe enough to express anger with. That is actually a really healthy and good thing.”. Virat Kohli was the reason why the hosts held hope. For much of his 27 balls […]
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 […]
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