New Disclosure Requirements Mandated By The California Labor Code

Posted by Steven Vartabedian on

January 1st is often the date that employment laws enacted during the prior calendar year go into effect. While many new laws are widely publicized, others seem to slip by unnoticed until an employer is informed that it has violated some rule it never knew existed. Even worse, an employer’s obligations under certain laws are […]

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Plaintiff’s wrongful death verdict reversed on finding of no legal duty of care for gas eruption due to vehicle collision with defendant’s off-street gas meter assembly

Posted by Steven Vartabedian on

Tiffany Gonzalez was driving home from work at the posted speed of 25 MPH one late afternoon when another vehicle apparently attempted to pass her on the right of the single lane of traffic in her direction of travel. The intrusion caused her to veer into the opposite side of the undivided road and lose […]

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Teacher/director terminated at church’s preschool for violating church’s marital precepts is not protected by FEHA, Title VII or public policy

Posted by Steven Vartabedian on

In Henry v. Red Hill Evangelical Church of Tustin (filed December 9, 2011) 2011 DJDAR 17734, plaintiff was terminated from her employment with defendant because she and her boyfriend continued to live together and raise their child without being married. Her lawsuit asserted violations of the California Fair Employment and Housing Act [Govt. Code section […]

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Homeowners’ payment alone under HAMP loan work-out plan does not save home from foreclosure

Posted by Steven Vartabedian on

During these times of “underwater” home mortgages, many homeowners have enlisted in the federal Home Affordable Mortgage Program (HAMP). In Nungaray v. Litton Loan Servicing, LP (filed November 22, 2011) 2011 DJDAR 16868, plaintiffs executed a “loan work-out plan” for the lender’s review. Under HAMP, the lender accepts reduced mortgage payments as provided for in […]

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Parties wishing to enforce arbitration clause must take care not to forfeit right

Posted by Steven Vartabedian on

El Cajon Motors Inc. was sued by one of its customers, Yaube Roberts, acting for herself and the class of other customers, for El Cajon’s allegedly backdating installment purchase contracts, failing to properly disclose finance charges, and charging illegal interest. El Cajon answered the complaint in mid-August 2009 with a general denial and 24 affirmative […]

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Gratuitously written off medical bills are recoverable as special damages under collateral source rule

Posted by Steven Vartabedian on

As discussed in the August 23, 2011 blog, the California Supreme Court in Howell v. Hamilton Meats & Provisions, Inc. 92011) 52 Cal.4th 541, held that a plaintiff may not recover for reasonably incurred medical billings to the extent they are discounted under a plaintiff’s private insurer’s contract with the medical provider. In dicta, the […]

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Evidence extrinsic to the parties’ contract is admissible to prove false advertising

Posted by Steven Vartabedian on

In Duncan v. The McCaffrey Group, Inc. (filed October 28, 2011) 2011 DJDAR 15875, plaintiffs bought from defendants residential lots in a tract marketed as Treviso Custom Home Development. Plaintiffs claim they bought in the development, paying premium prices, because of its marketing as an exclusively custom home development; instead, defendants, unbeknownst to plaintiffs, intended […]

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Employee’s attorney fees in successfully defending action brought by employer not recoverable under statutory indemnity

Posted by Steven Vartabedian on

California Labor Code section 2802, subdivision (a), requires that an employer “indemnify” an employee for all necessary costs incurred as a direct consequence of the employee’s discharge of employment duties. Does the employer’s duty to indemnify include attorney fees incurred in defending an action brought by the employer, or only in an action instituted by […]

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