Plaintiff is a commissioned salesperson who received biweekly paychecks, which included hourly wages in every pay period and commission wages approximated every other pay period. After plaintiff’s wage and hour action against her employer was removed to federal court and made it to the appeal stage, the Ninth Circuit requested the California Supreme Court to […]
Duty Of Care Extends To Architects.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
Good Faith Error Does Not Disqualify For Unemployment Benefits.
An employee refused to sign a written disciplinary notice because he disputed the factual allegations in it and because he thought he was entitled to consult with his union representative first. The only question before the California Supreme Court was “whether the single act of disobedience constituted misconduct within the meaning of California’s Unemployment Insurance […]
After Plaintiff Sued For FEHA Violations, Employer Discovered Plaintiff Used Someone Else’s Social Security Number When Hired.
After suffering a back injury at work, plaintiff filed a workers’ compensation claim, plaintiff was laid off from his job as a seasonal worker in the swimming pool chemical field. A few months later, the employer called and asked him whether he was recovered and ready to come back to work. Plaintiff said he was […]
No Common Law Duty For Businesses To Have Defibrillators Available.
minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care that it owed to business customers by failing to have on hand within […]
Previously We Reported: Newspaper Entitled To Names Of Officers Records Involved In Shooting. Affirmed By California Supreme Court.
The Los Angeles Times made a request under California’s Public Records Act [Government Code section 6250] seeking the names of police officers involved in a December 2010 officer involved shooting in Long Beach as well as the names of officers involved in all shootings over the previous five years. The City initially said it intended […]
Traffic Camera Evidence Properly Admitted (Get Out Your Checkbook!).
A woman was cited for failing to stop at a red light. Evidence against her was generated by an automated traffic camera enforcement system [aka red light traffic camera]. She objected to the admission of the traffic camera photograph and 12-second video on the basis of lack of foundation. At her infraction trial, a City […]
No Duty To Defend In Disparagement Case.
An insurance company denied patent and trademark liability coverage to a manufacturer of goods and services because the suit did not allege the company disparaged its competitor. The appellate court agreed with the insurance company that it had no duty to defend. The case was eventually heard in the California Supreme Court which held: “We […]
Life Insurance Policy In Dissolution Of Marriage Proceeding.
During a 20-year marriage, the husband used community property funds to purchase an Life Insurance Policy on his life, naming his wife as the policy’s only owner and beneficiary. The trial court ruled the Life Insurance Policy was community property because it was acquired during the marriage with community funds. The trial court awarded the Life […]
Design Professionals’ Duty Of Care Extends To Future Residential Purchasers.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
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