Monday, November 15, 2021
Jorgensen v. Loyola Marymount Univ., 68 Cal. App. 5th 882 (2021)
Linda Jorgensen sued Loyola Marymount University for backfire and age and gender discrimination. In activity to LMU’s arbitrary acumen motion, Jorgensen provided a acknowledgment from a above abettor (Carolyn Bauer) who swore that Johana Hernandez (the abettor dean) told Bauer that she “wanted addition younger” for addition position that was not actuality approved by Jorgensen. LMU objected to Bauer’s affirmation on the area of relevance, conjecture, belief and hearsay. In abandoning the arbitrary acumen motion, the Cloister acclaimed that LMU’s objections were “wide of the mark.” The Cloister captivated that a “stray remark” may accept appliance in this case because “one ability infer that Hernandez could access [Stephen] Ujlaki, the school’s top decision-maker on all issues, including hiring and promotion.” The Cloister added captivated that LMU’s added evidentiary objections should accept been overruled, including the buzz argument on the arena that the state-of-mind barring fabricated acceptable Bauer’s address of Hernandez’s remark. See additionally Guzman v. NBA Auto., Inc., 68 Cal. App. 5th 1109 (2021) (employee’s authoritative complaint abundantly articular her employer admitting erroneous identification of employer).
Sandoval v. Qualcomm Inc., 12 Cal. 5th 256 (2021)
Qualcomm assassin TransPower Testing, Inc., an electrical engineering account company, to audit and verify the amperage accommodation of Qualcomm’s absolute switchgear equipment. TransPower assassin Martin Sandoval, an electrical genitalia accumulation and adjustment specialist, to conduct an analysis during which Sandoval was actively injured. The board awarded Sandoval over $1 actor for accomplished and approaching medical costs and $6 actor for affliction and suffering/emotional ache amercement and apportioned the accountability 46 percent to Qualcomm. The Cloister of Address affirmed, but in this opinion, the California Supreme Cloister reversed, captivation that Qualcomm owed Sandoval no injury-prevention assignment in that it had angry over ascendancy of the worksite and assumably delegated to TransPower any preexisting duties Qualcomm contrarily owed to Sandoval. The Supreme Cloister additionally captivated that arrangement board apprenticeship CACI No. 1009B does not abundantly acquaint juries on the applicative law.
Becerra v. The McClatchy Co., 2021 WL 4472625 (Cal. Ct. App. 2021)
Newspaper home commitment carriers for The Fresno Bee sued for abuse of the Unfair Competition Law for abortion to pay their breadth costs as appropriate by Cal. Lab. Code § 2802. The Balloon cloister bent the carriers were absolute contractors and not advisers and entered acumen in favor of the Bee and its affiliated companies (McClatchy). On appeal, the carriers argued, amid added things, that the analysis for application set out in Dynamex Ops. W., Inc. v. Superior Court, 4 Cal. 5th 903 (2018) applies to the case. The Cloister of Address captivated that the Dynamex ABC analysis does not administer because it is bound to claims absolute by allowance adjustment that apply the “suffer or admittance to work” standard, which are not at affair in this case.
However, the Cloister antipodal the balloon court’s judgment, captivation that while the assurance of whether the carriers are advisers or absolute contractors is absolute by the accepted law analysis of S.G. Borello & Sons, Inc. v. Department of Indus. Relations, 48 Cal. 3d 341 (1989), the balloon cloister bootless to appropriately assay the factors appropriate by that assessment by, amid added things, relying aloft extraneous regulations from the Application Development Department. See additionally Lawson v. Grubhub, Inc., 13 Cal. 4th 908 (9th Cir. 2021) (worker who did not assurance chic activity abandonment could not represent added similarly-situated workers who did; activity adjourned for accommodation of whether ABC analysis applies to amount agreement claims); American Soc. of Journalists & Authors, Inc. v. Bonta, 2021 WL 4568057 (9th Cir. 2021) (Assembly Bill 5 did not accomplish content-based preferences for assertive kinds of accent by accouterment a narrower absolution for freelance writers and photographers).
Medina v. Equilon Enter., LLC, 68 Cal. App. 5th 868 (2021)
Santiago Medina formed as a gas base accountant and administrator for Equilon Enterprises, which is a Shell Oil Aggregation accessory accomplishing business as Shell Oil Products US. Medina sued Equilon and Shell for assorted wage/hour violations, arguing that Shell was his collective employer. The balloon cloister accepted Shell’s motion for arbitrary acumen based aloft two above-mentioned opinions of the California Cloister of Appeal, but the Cloister of Address reversed, captivation that Shell both alongside controlled Medina’s accomplishment and alive altitude and suffered or acceptable him to assignment at Shell’s gas stations, either of which was abundant to accomplish Shell Medina’s collective employer. The Cloister acclaimed the beforehand cases on the area that in this case Shell advisers told Medina they had the ability to blaze him; Shell had ascendancy over Equilon’s coffer accounts and accustomed payments for fuel; and Shell had the ability to add or abolish alone stations to and from MSO abettor clusters at any time for any reason.
Morales v. Factor Surfaces LLC, 2021 WL 4818687 (Cal. Ct. App. 2021)
Byron Jerry Morales sued his above employer, Factor Surfaces LLC, and its managing abettor for contributed overtime wages, meal and blow breach compensation, approved penalties, and blameworthy termination, amid added things. After a bank trial, the cloister awarded Morales $99,394.16, including $42,792 in contributed overtime wages. On appeal, the employer argued the balloon cloister erred in artful Morales’ approved amount of pay. At trial, the employer testified that all of Morales’ application annal were in his truck, which was baseborn while anchored in his gated complex, and that back the barter was recovered, all of the annal were gone. The balloon cloister begin the employer’s affidavit apropos the annexation of annal to be “unbelievable and afforded no weight to that testimony.” In the absence of affidavit from the employer of the approved amount of pay, the balloon cloister relied aloft calculations offered by Morales which were a “fair and authentic admiration of the overtime accomplishment owed to him.” The Cloister of Address affirmed the acumen in favor of Morales.
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