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 […]
Mobilehome Up For Sale Protected By Rent Control, Even If Not Principal Residence.
Damages awarded against a mobilehome park were measured by the difference between the rent charged and the rent permitted by a city ordinance. Civil Code §798.21 provides that a mobilehome space is exempt from a local rent control ordinance if the space is not the principal residence of the homeowner. One homeowner, whose mobilehome was […]
Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.
A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. § 1983. The trial court granted summary judgment and the Ninth Circuit affirmed. Dahlia v. Stehr (Ninth Circuit; August 7, 2012.) Case […]
Arbitration Clause In Employment Application Unconscionable And Unenforceable.
Here’s what it says: “I hereby agree to submit to binding arbitration all disputes and claims arising out of the submission of this application. I further agree, in the event that I am hired by AccentCare, that all disputes that cannot be resolved by informal internal resolution which might arise out of my employment with […]
No Employee Benefits For Independent Contractor.
An independent insurance agent for insurance company filed suit claiming employee entitlements under the Labor Code after her contractual relationship with the company terminated. The trial court, after finding she was an independent contractor and not an employee, granted summary judgment in favor of the insurance company. The Court of Appeal affirmed, agreeing with the […]
School Counselors Permitted, Not Required, To Disclose Student Confidential Medical Information.
Education Code §49602(c) permits, but does not by its terms, require a school counselor to disclose personal information (including pregnancy-related or abortion-related information) received from an un-emancipated student age 12 or older to the student’s parents, or school principal when the counselor has reasonable cause to believe that disclosure is necessary to avert a clear […]
Can’t Cut Attorney Out Of His Fees.
Client/defendant and lawyer entered into a written fee agreement which deferred payment of fees until the court ordered them, which the court did after plaintiff lost. Plaintiff appealed, but settled with the defendant while the appeal was pending, a settlement which did not include payment of the fees. The lawyer sued for his fees. The […]
Triable Issues Whether Foreclosure Sale Should Be Set Aside Due To Unconscionability Of Transaction.
In action in which a homeowner sued a lender, a loan servicer and others to set aside a trustee’s sale claiming predatory lending, the trial court granted summary judgment. The appellate court noted the refinance was for $1.5 million with a monthly payment of $12,381.36 and the homeowner had a monthly income of $3,333. The […]
Evidentiary Hearing Required Before Entering Default Judgment In Quiet Title Action.
CCP §764.010 provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of any of the defendants. The appellate court found this obligated the trial court to hold an […]
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 […]
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