In Sparks v. Vista Del Mar Child and Family Services, the Court of Appeals upheld a trial court’s decision denying defendant’s petition to compel arbitration of the wrongful termination claims of its former employee. There, Plaintiff filed a wrongful termination complaint against his former
A Partnership Is Liable For Retaliation Against A Partner For Reporting Harassment
In Fitzsimons v. California Emergency Physicians Medical Group, the Court of Appeals held that the Fair Employment and Housing Act (FEHA) supports a claim for retaliation by a partner against her partnership for opposing sexual harassment of an employee. The defendant was a large California general
Corporate Franchisor Can Be Liable To Employee Of Local Franchisee
In Patterson v. Domino’s Pizza, LLC, the Court of Appeals reversed a trial court’s granting of summary judgment for Domino’s corporate in a lawsuit by an employee of a franchisee. Patterson was an employee of Sui Juris, a Domino’s pizza franchisee. Patterson claimed her manager, Renee Miranda,
Coito: Supreme Court Clarifies Rule On Attorney Work Product Privileges
In Coito v. Superior Court, the California Supreme Court resolved a long-standing dispute on the protections under the Attorney Work Product doctrine. The Court addressed what work product protection, if any, should be accorded to 1) recordings of witness interviews conducted by investigators
A DFEH Complaint Filed Online By The Lawyer Is Valid
In Rickards v. United Parcel Service, Inc., the Court of Appeal held that the administrative complaint filed through Department of Fair Employment and Housing’s (“DFEH”) automated online system was properly verified where plaintiff’s attorney filed the complaint on plaintiff’s behalf and received an
Failure To Pay Arbitration Fees Was A Waiver Of Right To Arbitrate
In Cinel v. Barna, the Court of Appeals ruled that the failure to pay the arbitrator’s fees constitutes a waiver of arbitration. There, numerous parties were ordered to arbitrate by the trial court. The plaintiff paid his portion of the fees, as did two of six defendants. At that point, the
Defendant Waived Arbitration Rights By Litigating Case For Over A Year
In Hoover v. American Income Life Insurance Company, the Court of Appeals ruled that the defendant waived any right to arbitrate by actively litigating with the plaintiff for more than a year, which caused plaintiff prejudice. The Court noted that defendant engaged in discovery, including
Failure To Sign Disciplinary Memo Resulting In Termination Leads To No Unemployment Benefits
In Paratransit, Inv. v. Unemployment Insurance Appeals Board, the Court of Appeals upheld a trial court’s ruling that the plaintiff was not entitled to unemployment benefits. The employee was working for a company and was being disciplined for alleged wrongful conduct. The employee refused to sign