A security guard complained to his employer about not receiving his paychecks and said he would go to “the Labor Board.” He was fired. Over three years later, the Labor Commissioner determined “there is reasonable cause to believe [the employer] violated the Labor Code,” and directed the employer to cease and desist retaliation, offer the employee […]
Exhaust Your Administrative Remedies. Or Else, Where There’s Smoking, There’s Firing.
Plaintiff worked for the State of California and the California Assembly. He complained to his supervisor that another supervisor was smoking inside the working premises. Two weeks later, plaintiff was fired. Plaintiff brought an action for retaliatory discharge, and defendants demurred, arguing the court lacked jurisdiction because plaintiff failed to exhaust his administrative remedies pursuant to […]
DMV Records Can’t Be Used To Solicit Clients.
The Driver’s Privacy Protection Act of 1994 [DPPA; 18 U.S.C. §§ 2721-2725] regulates the disclosure of personal information contained in the DMV records of state motor vehicle departments. An exception in the DPPA, 18 U.S.C. § 2721(b)(4), permits obtaining personal information for use “in connection with” judicial and administrative proceedings, including “investigation in anticipation of litigation” […]
Violation Of Hospital’s Bylaws In Denying Staff Privileges To Doctor “Not Material.”
A hospital made the decision to deny application for reappointment of a doctor to the hospital’s medical staff. The doctor filed an administrative writ petition in the superior court, which was denied by the trial court. The Court of Appeal reversed the trial court’s decision, finding the hospital’s bylaws precluded the Medical Executive Board from delegating […]
No Need To Exhaust Administrative Review Where Administrative Body Lacks Jurisdiction.
In City of Fillmore v. State Board of Equalization (Cal. App. Second Dist., Div. 3; April 20, 2011) 194 Cal.App.4th 716, [125 Cal.Rptr.3d 186, 2011 DJDAR 5641], the State Board of Equalization issued a decision in favor of plaintiffs (cities). After the time to appeal had passed, the City of Fillmore sought to appeal the decision and the […]
Violation Of Due Process? One Lawyer In Firm Represents Police Department While Another Advises City Council. Result?
A police officer once dated a woman who lives at an apartment complex which has a pool and Jacuzzi behind a locked gate. Seven or eight years after the relationship ended, he was spotted using the Jacuzzi by the woman he once dated. She called the police, and the police officer told the investigating officer he […]
Suicide May Be Compensable Even If It Is Planned.
In 2001, while working as a ship laborer, plaintiff fell 25 to 50 feet from a barge to a dry dock, landing on a steel floor. He suffered blunt trauma to the head, chest and abdomen, a fractured rib and scapula and knee and back pain. He resumed work but left after a while. He filed […]
Bureaucracy v. Lies With In-Home Supportive Services.
A county determined a disabled woman was eligible to receive In-Home Supportive Services [IHSS; Welfare & Institutions Code section 12300], and she selected her son to be her individual provider. The county sought return of $29,560 it paid to the son on the ground he did not perform the services. In fact, it was the […]
Teacher Accused Of Molestation To Keep His Job.
Two different mothers of third graders complained a male teacher inappropriately touched their daughters. After three criminal trials on molestation charges, he was sentenced to seven concurrent 15-year-to-life prison terms. His convictions were reversed, and the prosecutor declined to retry him. The school district notified him he was terminated due to engaging in lewd and lascivious […]
Board Of Psychology Imposed Discipline On A Psychologist–So You’ll Need To Be Monitored Doctor.
When the Board of Psychology imposed discipline on a psychologist, the trial court denied the doctor’s writ petition. The psychologist acted as a special master in a family law proceeding in California and testified in a family law proceeding in Florida. In the California matter, he emailed one of the spouses “that he could not work […]