Important Recent California Case Law
Tuesday, July 6, 2010 | 0
NEW! Singh v. Southland Stone, B208620, (07/01/2010): The exclusive remedy of workers' compensation barred an intentional infliction of emotional distress claim against an employer, according to a decision from the California 2nd District Court of Appeal.
NEW! Tverberg v. Fillner Construction, S169753, (06/28/2010): A self-employed independent contractor cannot sue a general contractor for work-related injuries under a theory of vicarious liability.
Campos v. WCAB, A125998, (06/25/2010): An incident in which a tree cutter was struck by a falling tree trunk while suspended about 40 feet in the air constitutes a 'sudden and extraordinary employment condition' that allows compensation for a psychiatric injury.
Milan v. City of Holtville, D054139, (06/23/2010): The record will not support the trial court's finding of liability under FEHA. Rather, the trial court should have granted the city's motion under Code of Civil Procedure section 631.8.
Thompson v. City of Los Angeles, B213601, (06/22/2010): The appellate court noted that a timely FEHA complaint requires an employee to file an administrative charge with the Department of Fair Employment and housing within a year of the last alleged violation. The appeals court examined Thompson's allegations, determined that no acts of retaliation occurred within a year, and affirmed the trial court's decision to grant DWP's motion for summary judgment.
O'Donnell v. Allen, B213420, (06/21/2010): Language of the retainer agreement is not reasonably susceptible to the interpretation urged by defendant and adopted by the trial court.
Clark v. San Joaquin Community Hospital, F056620, (06/21/2010): The trial court correctly concluded that attorney's letters were excludable under the litigation privilege of Civil Code section 47.
Greer v. Safeway, Inc., A125741, (06/15/2010): Appeals dismissed for failure to file opening briefs in conformance with California Rules of Court, and appellant declared a vexatious litigant.
Service Employees International Union, Local 1000 v. Schwarzenegger, CPF-09-509-580, (06/10/2010): Section 11873, subdivision (c) limits the Governor's authority to impose furloughs on SCIF employees.
State Compensation Ins. Fund v. Notis Enterprises, B213079, (06/07/2010): Discovery order upheld.
Blackledge v. Bank of America, ADJ1735018, (06/03/2010): Physician's role is to assess the injured employee's whole person impairment percentage(s); WCJ's role is to frame instructions; rater's role is to issue a recommended permanent disability rating; WCJ is not bound by a rater's disability rating; must be no ex parte communication between the WCJ and the rater.
Mendoza v. Huntington Hospital, ADJ6820138, (06/03/2010): AD Rule 30(d)(3) is invalid because it conflicts with sections 4060(c) and 4062.2 and exceeds the scope of section 5402(b).
NEW! Tverberg v. Fillner Construction, S169753, (06/28/2010): A self-employed independent contractor cannot sue a general contractor for work-related injuries under a theory of vicarious liability.
Campos v. WCAB, A125998, (06/25/2010): An incident in which a tree cutter was struck by a falling tree trunk while suspended about 40 feet in the air constitutes a 'sudden and extraordinary employment condition' that allows compensation for a psychiatric injury.
Milan v. City of Holtville, D054139, (06/23/2010): The record will not support the trial court's finding of liability under FEHA. Rather, the trial court should have granted the city's motion under Code of Civil Procedure section 631.8.
Thompson v. City of Los Angeles, B213601, (06/22/2010): The appellate court noted that a timely FEHA complaint requires an employee to file an administrative charge with the Department of Fair Employment and housing within a year of the last alleged violation. The appeals court examined Thompson's allegations, determined that no acts of retaliation occurred within a year, and affirmed the trial court's decision to grant DWP's motion for summary judgment.
O'Donnell v. Allen, B213420, (06/21/2010): Language of the retainer agreement is not reasonably susceptible to the interpretation urged by defendant and adopted by the trial court.
Clark v. San Joaquin Community Hospital, F056620, (06/21/2010): The trial court correctly concluded that attorney's letters were excludable under the litigation privilege of Civil Code section 47.
Greer v. Safeway, Inc., A125741, (06/15/2010): Appeals dismissed for failure to file opening briefs in conformance with California Rules of Court, and appellant declared a vexatious litigant.
Service Employees International Union, Local 1000 v. Schwarzenegger, CPF-09-509-580, (06/10/2010): Section 11873, subdivision (c) limits the Governor's authority to impose furloughs on SCIF employees.
State Compensation Ins. Fund v. Notis Enterprises, B213079, (06/07/2010): Discovery order upheld.
Blackledge v. Bank of America, ADJ1735018, (06/03/2010): Physician's role is to assess the injured employee's whole person impairment percentage(s); WCJ's role is to frame instructions; rater's role is to issue a recommended permanent disability rating; WCJ is not bound by a rater's disability rating; must be no ex parte communication between the WCJ and the rater.
Mendoza v. Huntington Hospital, ADJ6820138, (06/03/2010): AD Rule 30(d)(3) is invalid because it conflicts with sections 4060(c) and 4062.2 and exceeds the scope of section 5402(b).
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