The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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Court Denied Petition To Compel Arbitration In Employment Case.

December 8, 2015 by

Plaintiff and his employer entered into an agreement that all disputes would be resolved by arbitration and that class actions were prohibited. After he was terminated, plaintiff filed a class action alleging various Labor Code violations and unfair business practices. Finding the prohibition against class actions in the agreement to be improper in the test set forth in Gentry v. Sup. Ct. (2007) 42 Cal.4th 443 [64 Cal.Rptr.3d 773, 165 P.3d 556], the trial court denied defendant’s petition to compel arbitration.

Filed Under: Appellate Law News, Arbitration Law News, Employment Law News, Legal News Tagged With: 165 P.3d 556, 173 Cal.Rptr.3d 289, 241 Cal.App.4th 833, 327 P.3d 129, 42 Cal.4th 443, 59 Cal.4th 348, 64 Cal.Rptr.3d 773

Question Of Fact In Age Discrimination Case.

October 26, 2015 by

Plaintiff is a border patrol agent within the Department of Homeland Security who at 54 was the oldest of the 24 persons who applied for one of four open positions within the agency. The four persons selected ranged from 44 to 48 years old. He sued for age discrimination, and the agency moved for summary […]

Filed Under: Discrimination Law News, Employment Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 795 F.3d 1170

Employer Can’t Have It Both Ways Independent Contractors.

October 7, 2015 by admin

Defendant’s business arranges for transportation of cargo from the Long Beach and Los Angeles ports to warehouses, and plaintiffs are truck drivers. Prior to implementation of a clean air program at the ports in 2008, truck drivers generally owned their own trucks and worked as independent contractors. After the clean air program was implemented, older […]

Filed Under: Appellate Law News, Employment Law News, Independent Contractor Law News, Labor Law News, Legal News Tagged With: 190 Cal.Rptr.3d 400, 238 Cal.App.4th 1476

In Affirming Grant Of Summary Judgment, Appeals Court Declined To Extend Case Of Mary M. V. City Of Los Angeles [Case Involving Late Night Rape By A Police Officer Who Stopped Female Motorist.]

September 17, 2015 by

A social worker, who was not assigned to the then-15-year-old foster child volunteered to transport the child to his new foster home. The transfer was completed without incident, but the social worker went back to the new foster home after hours and picked up the child. He took him to a liquor store and then […]

Filed Under: Appellate Law News, Employment Law News, Legal News Tagged With: 189 Cal.Rptr.3d 570, 238 Cal.App.4th 889, 285 Cal.Rptr. 99, 54 Cal.3d 202, 814 P.2d 1341

All Female Staffing Policy For Some Prison Jobs Not Discrimination Against Males.

August 19, 2015 by

Discrimination

A prison designated a number of female-only positions, and the prison guard union brought suit for discrimination against male correctional officers. In a 1993 case [Jordan v. Gardner (1993) 986 F.2d 1521], a federal court halted the practice of permitting cross-gender pat down searches in nonemergency situations. In addition, over the years, there have been instances […]

Filed Under: Constitutional Law News, Criminal Law News, Discrimination Law News, Employment Law News, Legal News Tagged With: 986 F.2d 1521

Your Tax Dollars At Work; State Agency EDD Ordered [Once Again] To Pay A Man His Unemployment Insurance .  .  .[Editor’s Note: No Wonder Poor People Have Trouble Finding Representation].

August 3, 2015 by

EDD

The man’s work shoes were still in good shape, so he decided to donate his $150/year work shoe allowance for new work shoes for a friend. His attempted gesture was against company policy and he was fired. The Employment Development Department [EDD] refused the man’s claim for unemployment insurance. Ordered twice by the trial court […]

Filed Under: Appellate Law News, Employment Law News, Legal News Tagged With: 186 Cal.Rptr.3d 707, 236 Cal.App.4th 530

Prerequiste Of Sexual Harassment Not Established.

June 22, 2015 by

sexual harassment

Plaintiff prevailed in her employment action brought under California’s Fair Employment and Housing Act [FEHA; Government Code section 12900] because defendant did not take reasonable steps to prevent sexual harassment. In reversing the judgment, the appellate court stated: “We hold there cannot be a valid claim for failure to take reasonable steps necessary to prevent […]

Filed Under: Appellate Law News, Employment Law News, Legal News

Previously we reported: CHP Not A Special Employer Of Freeway Tow Truck Driver.

June 11, 2015 by

A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore, […]

Filed Under: Appellate Law News, Employment Law News, General Legal Information Law News, Government Law News, Law Enforcement Law News, Legal News

Previously we reported: After-Acquired Evidence Docrine Inapplicable.

June 2, 2015 by Leave a Comment

After-Acquired Evidence

Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been […]

Filed Under: Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Employment Law News, Evidentiary Law News, Legal News

Reasonable Accommodation Does Not Require Elimination Of Essential Job Function.

May 27, 2015 by Leave a Comment

Plaintiff injured his knee at work in 2003 and thereafter underwent several surgeries and procedures, and was placed on light duty. The employer, a public entity, had an accommodations committee which offered plaintiff either a lateral job move or a demotion to assume a lesser job, neither of which appealed to plaintiff. As negotiations continued, […]

Filed Under: Appellate Law News, Discrimination Law News, Employment Law News, Legal News

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
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10.0Mark Albert Mellor

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