In Ajamian v. CantorCO2e, the Court of Appeal held that an arbitration provision in an employment contract was both procedurally and substantively unconscionable and the trial court did not abuse its discretion in finding it unconscionable. It also held the trial court properly found that the
Court Reverses Class Action Judgment After Trial And Orders The Class Be Decertified
This was a class action alleging claims of misclassification brought under various provisions of the California Labor Code, as well as conversion and unfair competition, claiming that certain business bankers were misclassified. Defendant U.S. Bank claimed that the employees were properly
Appellate Court Upholds Trial Court’s Ruling That Arbitration Provision Is Unconscionable
In Mayers v. Volt Management Corp, the Court of Appeals ruled that an arbitration agreement was unconscionable. There, Plaintiff filed a lawsuit against his former employer alleging several claims under the California Fair Employment and Housing Act (“FEHA”). The Defendant filed a motion to compel
U.S. Supreme Court Protects Religious Organization From Suit By Former Teacher
In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 132 S. Ct. 694 (2012), the United States Supreme Court ruled in favor a religious organization being sued by a former teacher. There, a former employee filed a charge with the E.E.O.C. claiming that
Court Upholds Invalidation of Pre-Employment Arbitration Clause
In Wisdom v. AccentCare, Inc. 202 Cal.App.4th 591, (2012), the Court held that an arbitration agreement found in a pre-employment application was both procedurally and substantively unconscionable. The Court held that the arbitration provision was procedurally unconscionable “because its language
Court Holds That $250,000 Statutory Cap On Non-Economic Damages Is Constitutional
In Stinnett v. Tam, the California Court of Appeals held that that Medical Injury Compensation Reform Act’s $250,000 cap on non-economic damages was constitutional. Holly Stinnett sued, among others, Tony Tam, M.D. and Modesto Surgical Associates, for the wrongful death of her husband due to
Arbitrator Can Rule On A Contract Dispute Involving A Non-Licensed Contractor
In Templo Calvario Spanish Assembly of God v. Gardner Construction Corporation, the Court of Appeals held thatthe Contractors’ State License Law does not automatically void all contracts entered by unlicensed contractors, and thus an arbitrator’s ruling involving a contract dispute with a
Employee Of Independent Contractor Cannot Sue The Company That Hired The Independent Contractor
In SeaBright Insurance Co. v. US Airways, Inc., the California Supreme Court held that an employee of an independent contractor who was injured in the workplace could not sue the party that hired the contractor company to do the work, even when this party failed to comply with workplace safety