On appeal from a prior order on an Anti-SLAPP motion, the Court of Appeal directed the trial court to grant the motion as to certain paragraphs of one cause of action. The trial court then granted the defendant's motion for judgment on the pleadings, but with leave to amend. Plaintiff's amended complaint again alleged some of the protected conduct which… Read More
Under Civil Code 4740(a), an amendment to CC&Rs prohibiting the leasing or rental of units within a common interest development are not effective against those who acquired their ownership of property within the development before the amendment was adopted. This decision holds that the section applies to an amendment banning short-term rentals or leases, not just provisions that ban all… Read More
Defendant instituted a policy requiring public housing tenants to post a $180 deposit to commence water service whereas all others needed only a $55 deposit. Plaintiff sued, claiming disparate impact discrimination in housing. To make a prima facie case on that claim, plaintiffs had to (1) the existence of a policy, not a one-time decision, that is outwardly neutral; (2)… Read More
An employer that gives preferential treatment toward a supervisor’s sexual or romantic partner does not thereby discriminate on the basis of sex against other employees of the same sex as the paramour because it doesn't satisfy Bostock v. Clayton County (2020) 140 S. Ct. 1731's test--would employer have acted differently if employee was of the opposite sex. As used in… Read More
Romero drove a truck for defendant employer entirely within the boundaries of California, but he delivered goods that had been shipped by interstate transportation. Therefore, was a worker engaged in interstate commerce to whose contract of employment the FAA does not apply. 9 U.S.C. 1. The FAA's exemption of employment contracts of workers in interstate commerce is not waivable. So… Read More
Both parties supply temporary nurses to hospitals. Plaintiff entered into a contract with defendant to supply nurses when defendant couldn't fill orders from its own supply of nurses. The contract contained a clause prohibiting plaintiff from soliciting defendant's employee-nurses to work for plaintiff rather than defendant. This decision holds that the non-solicitation clause is an ancillary restraint to be analyzed… Read More
Ordinarily, a person who hires an independent contractor is not liable for injuries suffered by the contractor's employees on the job. Privette v. Superior Court (1993) 5 Cal.4th 689. In Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659, the court held that a landowner who hires an independent contractor can be held liable for injuries to workers caused by latent… Read More
An Anti-SLAPP motion to strike under CCP 425.16 may only be brought against causes of action seeking affirmative relief, not against defensive pleadings such as affirmative defenses. Like any other affirmative defense, an offset is not subject to an Anti-SLAPP motion to strike. Read More
This decision affirms a district court order dismissing a defamation suit under Cal. Code Civ. Proc. 425.16. Maddow was a TV personality and host of a program espousing liberal political views. In one program she expressed glee over a report by another news organization that one of Herring's ultra-conservative commentators was being paid by the Kremlin for propaganda. The speech… Read More
Class action settlements reached before class certification face a high hurdle to approval. Here, the district court abused its discretion in approving a settlement of claims that Tinder violated the Unruh Civil Rights Act (Civ. Code 52) by charging those over 29 more to use its premium services than younger users. The district court undervalued the worth of the claims… Read More
A director of a nonprofit public benefit corporation who brings an action on behalf of that corporation loses standing to pursue its claims if the director is not reelected to the office of director at any point during the litigation. Here, plaintiff was not re-elected, lost standing, and his suit was properly dismissed. Read More
The California Arbitration Act governs procedure in state court in compelling arbitration even when the FAA governs the substantive rules regarding arbitration. Under CCP 1281.2(c), a trial court has discretion to deny arbitration if a party to the arbitration agreement is also a party to a pending court action with a third party, "arising out of the same transaction or… Read More
The FAA applies to an arbitration clause in an employment agreement involved in interstate commerce and preempts California Labor Code 229 which forbids arbitration of wage and hour claims. The parties did not elect out of FAA preemption by a choice of law clause in the employment contract generally choosing California law, but not specifically choosing California law regarding arbitration… Read More
Noting that it was not clear whether an order compelling arbitration and dismissing class claims pursuant to an arbitration agreement that contained a class action waiver, the court exercised its discretion to treat the appeal as a petition for writ of mandate, but denied the petition on the merits. Read More
Burlington forced Gallano, one of its check-out clerks, to sign a promissory note for losses on return of items by customers or mistaken pricing of goods due to other workers' errors in affixing price tags. This opinion holds that Gallano stated viable claims against Burlington for violation of Lab. Code 2802 (which requires the employer to reimburse employees for expenses… Read More
Part of California's Prevailing Wage Law, Labor Code 1772 provides: "Workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work." Delving into the section's history and rejecting Court of Appeal decisions giving it a different interpretation, this decision holds that the section merely makes it clear that… Read More
California's Prevailing Wage Law (Lab. Code 1720(a)(1)) defines a "public work" as including construction and installation. This decision holds that while the statute does not expressly say so, the prior common meaning of a public work--that is a physical installation on real property--provides a context for the statutory definition, confining its broad undefined terms, construction and installation, to tasks performed… Read More
A statement of decision entered in earlier litigation brought against the plaintiff in this suit was a sufficiently final determination to be accorded claim preclusive effect even though the parties thereafter settled and obtained a stipulated order from a different judge vacating key portions of the statement of decision. The opinion contains a lengthy discussion of authorities on the point… Read More
Following Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 and Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266, this decision holds that a plaintiff who has medical insurance but chooses to use out-of-plan doctors for his care is treated for damage purposes as if he were uninsured and may submit the doctors' bills as evidence… Read More
Although the trial court did not abuse its discretion in excluding from evidence the digitized spreadsheets of meal break and rounding of work hours for lack of a proper foundation, it did abuse its discretion in excluding an expert witness' opinion based on those digitized spreadsheets. An expert may rely on inadmissible evidence if based on information that is reliable… Read More
