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Important Case Law for California

By WCC Staff

Friday, March 22, 2013 | 0

NEW! Compton v. Superior Court of LA County, B236669, (03/19/2013): Unconscionability is a defense to the enforcement of an entire contract, or particular provisions of a contract, including agreements to arbitrate disputes, ruled the Court of Appeals of California, 2nd District, Division 8.

NEW! Rivera-Sanchez  v. Perez, C065350, (03/19/2013): The widow of a California man who fell to his death while performing roof repairs for a friend could not assert a viable claim against the property owner as the putative employer of her late-husband or in tort, ruled the Court of Appeals of California, 3rd District, San Joaquin.

NEW! Vaynberg v. Chevron Products Company, A131126, (03/14/2013): Chevron Products Co. was not a dual employer of a computer analyst employed by a staffing agency, according to California's 1st District Court of Appeal.

NEW! Lee v. Harbor Distributing, LLC, B238872, (02/28/2013): A beer distributor is getting a second chance to prove his former employer discriminated against him on the basis of his disability and wrongfully terminated him.

NEW! Mathies v. Buhrer, A133832, (02/28/2013): A trial court must decide whether an uninsured contractor's decision to hire several employees could result in a homeowner's liability for a work-related injury, California's 1st District Court of Appeal concluded.

Oliver v. AstraZeneca Pharmaceuticals, LP, 11-55912, (02/26/2013): A federal appellate court ruled that a pharmaceutical company employee failed to establish a viable disability discrimination claim as the basis of her termination. 

Alberda v. Board of Retirement of Fresno County Employees' Retirement Assoc., F064017, (02/20/2013): A Fresno County deputy sheriff is getting a second chance at proving his entitlement to a service-connected disability retirement since the trial judge who upheld the administrative denial of his application applied the wrong standard of review to the Fresno County Employees' Retirement Association's decision.

Allied Interstate, Inc. v. GTS Home Health Services, Inc., B237823, (02/14/2013): A home health care provider which admitted having received a copy of the summons and complaint filed by the assignee of a State Compensation Insurance Fund debt was not entitled to have the default judgment against it vacated on the basis of improper service, Court of Appeals of California, 2nd District, Division 3. 

Fotheringham v. Avery Denison Corp., B238282, (02/13/2013): A worker whose disability discrimination allegations against her former employer spawned litigation lasting more than a decade has lost her challenge to the attorney fee and cost award she received for prevailing at the second of the two trials on her claims, ruled the Court of Appeals of California, 2nd District, Division 7.

Jeffrey v. Temple City Unified School District, No. B241688, (02/11/2013): A California appellate court ruled that an injured school custodian's claims of disability discrimination failed as a matter of law, ruled the Court of Appeals of California, 2nd District, Division 2.

 

 


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