California Appellate Tracker

A summary judgment in favor of defendant in this whistleblower action is reversed because the defendant brought the motion using the McDonnell Douglas test rather than the statutory test under Lab. Code 1102.6, as explicated in Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703.  The decision also holds that the same Lawson test applies under Gov. Code 8547.10,… Read More

This decision rejects an employer's argument that a worker must first prove that the employer was the "hiring entity" before applying the ABC test to determine whether a worker is an employee as opposed to an independent contractor. Read More

Gov. Code 855.6 immunizes government employees from liability for failure to make or failure to make adequate physical or mental exams of other persons for the purpose of detecting disease or physical or mental state that would pose a danger to others.  This decision holds that the immunity applies to al government employees, not health professionals only.  However, it also… Read More

This decision affirms dismissal of a shareholder derivative action against Intel's board members arising out of Intel's allegedly tardy response to learning that its chips contained two defects that could be exploited by hackers.  Applying Delaware law, the decision holds that the complaint failed to allege specific facts showing that a majority of Intel's board received a material personal benefit… Read More

Disagreeing with Wesson v. Staples The Office Superstore, LLC (2021) 68 Cal.App.5th 746, this decision holds that a court may not dismiss PAGA claims on the ground they are unmanageable.  However, it may control the trial by limiting the amount of proof the plaintiff may introduce--thus, potentially reducing the amount of collectible PAGA penalties, but not dismissing the action altogether. Read More

It is unlawful for an employer to prevent workers from leaving the employer's premises during a meal break.  Doing so converts the meal break into an on-duty meal break, entitling the employee to premium pay. Read More

While this petition for mandamus and suit for injunctive relief was pending, the Legislature amended Gov. Code 54237.9 to require the Department of Transportation to sell homes it has bought to make way for freeways at the original purchase price without adjustment for inflation.  Since this suit sought only prospective relief--sale of the homes at the original purchase price without… Read More

This case holds that consumers may recover uncapped attorney fees against holders under the FTC Holder Rule.  Though the attorney fees are part of the "recovery" that the Holder Rule itself caps, the FTC Holder Rule does not preempt any state laws, but merely prescribes a required contract clause.  So, Civil Code 1459.5 is not preempted and it allows full… Read More

A dredge company's application to the Coast Guard for a coastwise shipping permit was protected speech under CCP 425.16.  Plaintiff had no probability of succeeding on its UCL claim based on the allegedly fraudulent application for the coastwise permit because the Coast Guard exercises exclusive jurisdiction over the issuance of those permits, preempting state law claims arising from the issuance… Read More

The automatic stay on appeal prevents the trial court from entering a voluntary dismissal of the action while the case is on appeal from an interlocutory order (such as here, an order denying an Anti-SLAPP motion) because dismissal of the case would affect the Court of Appeal's jurisdiction over the appeal.  Furthermore, even if it were otherwise effective, a voluntary… Read More

Employee's claims against his employer for promising a pay raise to all employees if they voted against a union--and then not following through and retaliating against employee when he protested--was preempted by the NLRA as all of the claims alleged conduct that was actually or arguably protected or prohibited under the NLRA. Read More

When the plaintiff files an amended complaint that omits a defendant named in the prior complaint, the amendment is treated as a voluntary dismissal of the omitted defendant, without prejudice.  Here, plaintiff's third amended complaint named Minassian as a defendant.  The parties stipulated to the filing of plaintiff's fourth amended complaint which omitted Minassian.  Though the trial court didn't sign… Read More

In this action under 42 USC 1983, B&G alleged that Embry violated B&G's free speech rights by suing it under California's Prop. 65 for failing to include on its packaging the Prop. 65 warning that B&G's cookies contained acrylamide, a chemical supposedly known to California to cause cancer.  The decision holds that in seeking to enjoin Embry from suing B&G,… Read More

This decision affirms a preliminary injunction issued against the California Attorney General and private parties preventing them from filing suit under Prop. 65 to require food manufacturers to give the standard Prop. 65 warning about acrylamide being a chemical supposedly "known" to cause cancer.  Under Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626 (1985), the compelled speech (the required… Read More

Although an award of attorney fees to the plaintiff in a Public Records Act suit is mandatory if the plaintiff is the prevailing party (Gov. Code, 6259(d)), the trial court may exercise its discretion and deny a fee award if it concludes that the plaintiff obtained documents that are so minimal or insignificant as to justify a finding that the… Read More

The relationship between a medical resident and a hospital residency program is primarily an employment relationship, not a teaching relationship.  Accordingly, in judging a resident's claim that she was dismissed from the residency program due to gender discrimination and retaliation for her complaints about gender discrimination, the jury should not be instructed to give academic deference to the residency program's… Read More

Under the CLRA (Civ. Code 1792(b), no "action for damages" may be brought against a defendant that offers appropriate correction within 30 days of receiving the plaintiff's notice of violation of the statute.  This decision holds that "action for damages" includes--and the subsection therefore bars--any claim for compensatory damages or for restitution under the CLRA.  The decision also holds that… Read More

In most arbitrations, the arbitrator decides any issues regarding discovery.  Not so in uninsured/underinsured motorist arbitrations under Ins. Code 11580.2(f).  The court decides discovery issues in those types of arbitration proceedings.  This decision holds that the trial court's discovery rulings cannot be challenged on an appeal from an order confirming the arbitration award because error in discovery rulings by a… Read More

This decision holds that Lab. Code 925 is enforceable in federal court.  A California employee who was  not represented by counsel when he signed an employment agreement may void clauses in the contract that choose another state as the forum or another state's law as applicable law.  Having done so, the employee may enforce the contract in federal court, cleansed… Read More

The trial court made four errors in granting Amazon judgment in this Prop. 65 action against it based on its listing (and sale) of 11 skin whiting products that contained mercury.  First, it improperly found that tests of individual samples of the products didn't prove that all of the product contained mercury.  The test results showed mercury levels so high… Read More