Justia California Court of Appeals Opinion Summaries

Under California law, the Privette doctrine holds that there is a strong presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety. SMC Contracting, Inc. (SMC) hired Tyco Simplex Grinnell, Inc. (Tyco) to install an automatic fire sprinkler system for a development in South Lake Tahoe. On one date during installation, a Tyco employee, Tommy Ray McCullar, arrived at work and found the floor covered in ice. While trying to use a ladder on the ice, he slipped and suffered injuries. McCullar later sued SMC based on these events. But the trial court, relying on the Privette doctrine, granted summary judgment in SMC’s favor. Challenging this decision on appeal, McCullar’s contended the Privette doctrine did not protect SMC because SMC retained control over Tyco’s work and negligently exercised this control in a way that affirmatively contributed to his injuries. That was so, he reasoned, because SMC caused the ice to form on the floor and then told him to go back to work after he notified it about the ice. Based on the Privette doctrine, and because McCullar failed to raise a triable issue of material fact, the Court of Appeal affirmed. View "McCullar v. SMC Contracting, Inc." on Justia Law

Elouise Harber and Delores Williams filed cross-petitions to be appointed as guardians of two children. The trial court ordered them to exchange lists of the witnesses they intended to call, specifically including party witnesses; it also specifically ordered that they would not be permitted to call a witness who was not on their lists. Harber failed to exchange a witness list. When the case was called for trial, her counsel explained that her only witness was Harber herself, and that counsel mistakenly believed that the pretrial order did not require her to list party witnesses. Pursuant to its pretrial order, the trial court dismissed Harber’s petition and granted Williams’s petition. In the published portion of its opinion, the Court of Appeal held that, under the circumstances of this case, the trial court abused its discretion by imposing a terminating sanction View "Guardianship of A.H." on Justia Law

Defendants are OS Restaurant Services, LLC and Bloomin’ Brands, Inc. Plaintiff worked there as a server. Plaintiff sued, alleging Defendants regularly failed to give Plaintiff her full uninterrupted rest periods, and that Defendants wrongfully terminated Plaintiff in retaliation.   The court explained that the Labor Code mandates an award of reasonable attorney fees to the prevailing party in any action brought for the nonpayment of wages if any party requests attorney fees at the initiation of the action. Here, the trial court awarded Plaintiff $280,000 in attorney fees under section 218.5, and the employer appealed the award. The Second Appellate District affirmed the award of attorney fees   In the court’s original opinion, the court held that an action brought for failure to provide rest breaks or meal periods is not an action brought for the nonpayment of wages. The court also held that a plaintiff could not recover penalties for waiting time and wage statement violations based on claims of rest break and meal break violations, and so could not recover attorney fees based on those penalties.   In Naranjo v. Spectrum Security Services, Inc., the Supreme Court held otherwise. That court concluded that “extra pay for missed breaks constitutes ‘wages’ that must be reported on statutorily required wage statements during and paid within statutory deadlines when an employee leaves the job. After the issuance of its opinion, the Supreme Court transferred this case to the Second Appellate District with directions to reconsider its opinion in light of Naranjo. Having done so, the court affirmed the award of attorney fees. View "Betancourt v. OS Restaurant Services, LLC" on Justia Law

Appellant made a request for pendente lite attorney fees was made early in the marriage dissolution proceedings and had been pending for over a year when the trial started. By that time, Appellant was unemployed and representing herself. Nonetheless, her request for pendente lite attorney fees was never ruled on by the family court. Instead, the court waited until after the trial to address attorney fees in its final judgment of reserved issues.   The Fifth Appellate District explained that Appellant has demonstrated the family court’s failures to comply with its obligations under section 2030 were prejudicial. To remedy this prejudicial error, the court explained it must reverse the judgment (which places all reserved issues at large) and remand the case for further proceedings. Those proceedings shall include a hearing on Appellant’s request for pendente lite attorney fees and a decision on that request before the new trial is started. Because over four years have passed since Appellant filed her May 2018 request for an order awarding pendente lite attorney fees and costs, the court shall allow Appellant to file a new request for order and shall allow Blair to file a response before hearing the request for pendente lite attorney fees and costs. View "Marriage of Knox" on Justia Law

Appellant Federal Insurance Company (Federal) was the prevailing party in a lawsuit Cell-Crete Corporation (Cell-Crete) brought seeking to recover against Federal on a payment bond. After dismissal, the trial judge denied Federal’s request for attorney fees and taxed its costs on the ground that Federal did not incur any fees or costs because a third party, Granite Construction Company (Granite), paid the fees and costs of Federal’s defense under an indemnity agreement between Federal and Granite. On appeal, Federal argued it was entitled, as the prevailing party, to recover their reasonable attorney fees and costs anyway: a party represented by counsel in an attorney-client relationship was entitled to an award of fees and costs even if they had been or would be borne by a third party. To this the Court of Appeal agreed and reversed the order denying Federal’s motion for attorney fees and granting Cell-Crete’s motion to tax costs, and remanded for further proceedings. View "Cell-Crete Corp. v. Federal Ins. Co." on Justia Law

Respondents moved to dismiss this appeal as untimely. The notice of appeal was filed with the superior court more than 60 days after notice of entry of judgment was served upon appellants. Appellants oppose dismissal on the grounds that they made a timely attempt to electronically file the notice of appeal. The Court of Appeal found the issue raised by this case posed "a series of questions not yet answered in the case law:"(1) does either (or both) rule apply to notices of appeal [Rules 2.259(c) or 8.77(d)]; (2) if so, which court (i.e., the trial court or the court of appeal) determines whether relief is provided to the appellant; (3) what burden of proof applies to factual determinations under the applicable rule or rules; and (4) does the evidence in this case justify providing relief under the applicable rule or rules? The Court concluded: (1) both rules potentially apply to a notice of appeal, but only rule 8.77(d) was invoked by appellants; (2) a motion under rule 8.77(d) had to be filed with the appellate court; (3) a party seeking relief under rule 8.77(d) has to demonstrate “good cause,” which includes a preponderance of the evidence that an attempt to electronically file the document was made prior to the expiration of the deadline and that diligence was shown in promptly filing the notice of appeal after the failed attempt; and (4) appellants have not met that standard in this case. View "Garg v. Garg" on Justia Law

The County of San Joaquin (County) petitioned for review of a Public Employment Relations Board (Board) decision in which the Board found the County interfered with and discriminated against the protected activity of the California Nurses Association (Nurses) and its registered nurse members (members). Specifically, the Board found the County’s policy prohibiting members from returning to work after a noticed strike based on the County’s contract with a strike replacement company containing a minimum shift guarantee for replacement workers was conduct inherently destructive to protected activity. The Board then announced and applied a new test providing for a defense to the County’s conduct of threatening and implementing the policy and determined the County could not meet the standard set forth in the test. The Board ordered several remedies, including that the County allow members to use accrued leave for the time they were prohibited from returning to work and for similar absences in the future. The Court of Appeal granted the County’s petition for writ of review relief, and issued the writ of review. After reviewing the County's challenges to several of the Board’s legal, factual, and remedial findings, the Court affirmed the Board’s decision in all respects. View "County of San Joaquin v. Public Employment Relations Bd." on Justia Law

ZF Micro Solutions, Inc., the successor of now deceased ZF Micro Devices, Inc., alleged TAT Capital Partners, Ltd., murdered its predecessor by inserting a board member who poisoned it. The trial court decided the claim for breach of TAT’s fiduciary duty as a director was equitable rather than legal and, after a court trial, entered judgment for TAT. ZF Micro Solutions argued this was error. The Court of Appeal agreed, holding that while examining the performance of a board member’s fiduciary duties would be required, resolution of this claim did not implicate the powers of equity, and it should have been tried as a matter at law. Judgment was reversed and the matter remanded for further proceedings. View "ZF Micro Solutions, Inc. v. TAT Capital Partners, Ltd." on Justia Law

On April 10, 2017, Cedric Anderson entered his wife’s classroom at an elementary school, which was part of the San Bernardino City Unified School District (the district). Anderson shot and killed his wife, a student, and himself in front of a class of students. Plaintiffs-appellants C.I. (minor), J.I. (guardian ad litem), D.B. (minor), J.B. (guardian ad litem), B.E.Jr. (minor), B.E.Sr. (guardian ad litem), J.A.G. (minor), J.G. (guardian ad litem), M.M. (minor), M.T.M. (guardian ad litem), M.P. (minor), E.B. (guardian ad litem), M.R. (minor), and D.R. (guardian ad litem) filed suit against defendants-respondents district and Y.D. (the school’s principal), alleging, inter alia, negligence and dangerous condition of property. Defendants moved for summary judgment on the grounds they owed no duty to plaintiffs because Anderson’s actions were unforeseeable, the school property was not a dangerous condition because there was no defect, and Anderson was not using the school property with due care. The trial court agreed, and judgment was entered in defendants’ favor. On appeal, plaintiffs contended defendants had a duty to take reasonable steps to protect students from criminal activity, and the district created a dangerous condition by failing to lock the front office door and equip classrooms with doors that locked. Finding no reversible error in the trial court judgment, the Court of Appeal affirmed. View "C.I. v. San Bernardino City Unified School Dist." on Justia Law

Appellant Murray Plumbing and Heating Corporation (Murray) briefly employed Respondent as a journeyman pipefitter in 2019–2020. In 2020, Respondent sued for civil penalties under the Private Attorneys General Act (PAGA), alleging Murray did not provide meal and rest breaks or accurate wage statements; pay all wages in a timely manner; or reimburse business expenses. The employment relationship was governed by a collective bargaining agreement (CBA) between Respondent's union and Murray. The CBA requires arbitration of disputes—including ones arising under PAGA—as the sole and exclusive remedy. Murray moved to compel arbitration, and the trial court denied the motion.The right to file a PAGA action generally cannot be waived by contract. However, the Labor Code exempts construction workers from PAGA if a CBA covers wages, hours and working conditions and (1) has a grievance and arbitration procedure to redress Labor Code violations; (2) clearly waives PAGA; and (3) authorizes the arbitrator to award all remedies available under the Labor Code.Here, the Second Appellate District held that the parties’ CBA clearly waives PAGA and satisfies the requirements of section 2699.6, as a matter of law. Thus, the court determined that the parties' dispute is exempt from PAGA, reversing the trial court's order and remanding with instructions for the trial cour to grant Murray's motion to compel arbitration. View "Oswald v. Murray Plumbing & Heating Corp." on Justia Law