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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Mark H. Wagner

June 10, 2012

Contract Provision Requiring Mediation Before Recovering Fees Is Upheld

In Cullen v. Corwin, the Court of Appeals ruled that the trial court erred in awarding attorneys’ fees to the prevailing defendants where the parties’ contract provided that such fees were unavailable if the party seeking fees had refused to mediate the dispute.  After the lawsuit was filed, the

Alternative Dispute Resolution,  Business Litigation,  Litigation

June 10, 2012

Single Filing Rule Permits Other Plaintiffs To “Piggyback” On Timely Filed DFEH Complaint

In Harris v. County of Orange, the Ninth Circuit Court of Appeals ruled that the single filing rule permits other plaintiffs to “piggyback” on the timely filed administrative complaint of a named plaintiff. The Court noted that a plaintiff asserting claims of discrimination pursuant to the FEHA must

Employment,  Litigation

June 6, 2012

California Law Applies When A Foreign Corporation Fires An Officer In Retaliation For Complaints of Harmful Or Unethical Activity

In Lidow v. Superior Court (International Rectified), the Court addressed the issue of whether, under a conflict of laws principle known as the internal affairs doctrine, California law or foreign law applies to a claim brought by an officer of a foreign corporation for wrongful termination in

Employment,  Litigation

June 6, 2012

Successor Car Wash Company Liable For Wage Violations By Predecessor

In People ex rel. Harris v. Sunset Car Wash, LLC, the Court held that that a successor company was liable for unpaid wages and penalties for violations by the predecessor car wash company.  Auto Spa operated a car wash on Sunset Boulevard in Los Angeles.  Sunset Alvarado Investors, which held a note

Employment,  Litigation

June 6, 2012

Court Unanimously Holds Arbitration Agreement Unconscionable And That California Law On Arbitration Still Applies Despite The Supreme Court Ruling In Conception

Plaintiffs were two carpet installers that worked for defendant.  When they were initially hired, and again later during their employment, plaintiffs were given form contracts and told to sign them if they wanted to work for Empire. Both contracts were presented only in English, despite the fact

Alternative Dispute Resolution,  Employment,  Litigation

April 19, 2012

Court Holds That An Arbitration Agreement That Allows The Employer To Unilaterally Modify Or Revoke Arbitration Clauses Is Unenforceable

This week, in Peleg v. Niemen-Marcus Group, Inc., the California Court Of Appeals held that an arbitration agreement that allowed an employer to unilaterally modify or revoke the arbitration agreement with 30 days’ notice was unenforceable.  The Court held also held that it was proper for the trial

Alternative Dispute Resolution,  Employment,  Litigation

April 12, 2012

California Supreme Court Hands Down Key Decision On Class Actions and Meal And Rest Breaks

Earlier today, the California Supreme Court finally issued its long-awaited decision in the case of Brinker v. Superior Court, a case involving class action issues, as well as meal and rest break requirements and procedures.  While many have claimed this is a major victory for employers, that is not

Employment,  Litigation

April 5, 2012

Defendant In FEHA Case Cannot Recover Expert Costs Upon Prevailing Absent A Showing The Action Was Frivolous

In Baker v. Mulholland Security and Patrol, Inc., plaintiff sued his employer for retaliation, failure to pay overtime compensation, and failure to maintain records, claiming he was terminated after he complained about discriminatory remarks made on the job. The trial court disposed of his

Employment,  Litigation

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