Justia California Court of Appeals Opinion Summaries

The Court of Appeal affirmed the trial court's denial of Uber's motion to compel arbitration in an action brought by plaintiff, alleging a single cause of action for wage violations under the Private Attorneys General Act (PAGA), Lab. Code, 2698 et seq. Plaintiff was an Uber driver under a written agreement stating she was an independent contractor and all disputes would be resolved by arbitration under the Federal Arbitration Act (FAA), and the agreement delegated to the arbitrator decisions on the enforceability or validity of the arbitration provision.The court concluded, as has every other California court presented with this or similar issues, that the threshold question of whether plaintiff is an employee or an independent contractor cannot be delegated to an arbitrator. The court found that this issue has been resolved adversely to Uber in two cases decided during and after briefing in this case: Provost v. YourMechanic, Inc. (2020) 55 Cal.App.5th 982, and Contreras v. Superior Court (2021) 61 Cal.App.5th 461. The court was not persuaded to depart from the analyses in Provost and Contreras and all the authorities they cite. The court rejected Uber's claims to the contrary and affirmed the trial court's order. View "Rosales v. Uber Technologies, Inc." on Justia Law

In 2008, plaintiff filed suit against her former employer, Rite Aid, and her former supervisor. In 2010, a jury returned a special verdict in plaintiff's favor and awarded her $3.4 million in compensatory damages and $4.8 million in punitive damages. The Court of Appeal reversed the judgment and remanded the case for a new trial on compensatory damages on plaintiff's causes of action for wrongful termination in violation of public policy against Rite Aid and intentional infliction of emotional distress against Rite Aid and the supervisor. In 2014, on retrial, the jury awarded plaintiff $321,000 on her wrongful termination cause of action against Rite Aid, $0 on her intentional infliction of emotional distress cause of action against Rite Aid, and $20,000 on her intentional infliction of emotional distress cause of action against the supervisor. The Court of Appeal reversed and remanded the case for another new trial on compensatory damages on plaintiff's wrongful termination cause of action against Rite Aid and her intentional infliction of emotional distress causes of action against Rite Aid and the supervisor. In 2018, at another retrial, the jury awarded plaintiff $2,012,258 on her wrongful termination cause of action against Rite Aid and $4 million on her intentional infliction of emotional distress causes of action against Rite Aid and the supervisor.In regard to the award of past noneconomic damages for intentional infliction of emotional distress, the Court of Appeal concluded that the trial court's rejection of the Martinez II guidance does not require reversal of the judgment and the trial court did not instruct the jury to award duplicative damages. In regard to the award of past economic damages for wrongful termination, the court agreed with Rite Aid that plaintiff's actual post-termination earnings must be deducted from the past economic damages award for wrongful termination. Accordingly, the court modified the judgment to reduce the award of past economic damages to plaintiff for wrongful termination by $140,840 to $323,418. The court affirmed in all other respects. View "Martinez v. Rite Aid Corp." on Justia Law

Towner was a Ventura County District Attorney (VCDA) investigative commander. VCDA investigator Michael brought an administrative action alleging “fraud, favoritism, and other non-merit based factors in the promotional process.” Towner testified under subpoena at the Civil Service Commission hearing on Michael’s action. VCDA investigated, concluded that Towner had testified falsely, and gave Towner notice of its intent to terminate him for dishonesty. Towner submitted evidence at an administrative hearing to prove his honesty and requested an appeal hearing. The county sought to disqualify the Civil Service Commission from presiding over the hearing based on an asserted conflict of interest because the Commission would be defending its own decision. The County submitted notices of disciplinary action, labeled: “CONFIDENTIAL PERSONNEL DOCUMENT.” The superior court denied the county’s application. The Commission ordered Towner reinstated with full back pay and benefits.Towner filed suit, alleging violation of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code 3300, POBRA) and negligence per se based on violation of Penal Code 832.7. The court granted the county defendants’ SLAPP motion (strategic lawsuits against public participation), Code of Civil Procedure section 425.16. The court of appeal reversed. The County defendants’ willful disclosure of Towner’s confidential personnel records without complying with mandatory procedures for disclosure was punishable as a misdemeanor under Government Code section 1222, so their disclosure did not constitute protected activity for purposes of a SLAPP motion. View "Towner v. County of Ventura" on Justia Law

A complaint alleged that officers violated a citizen’s rights while conducting a mental health welfare check. Following an internal investigation, they were cleared of misconduct. The Oakland Community Police Review Agency (CPRA), a civilian oversight agency with independent authority to investigate police misconduct, conducted its own investigation. Before CPRA’s formal interrogation of the officers, their counsel demanded copies of all “reports and complaints” prepared or compiled by investigators, citing the Public Safety Officers Procedural Bill of Rights Act, Government Code section 3303(g). CPRA refused to disclose these materials and determined that officers knowingly violated the complainant’s civil rights by entering the residence and seizing property without a warrant, then actively concealed the violation. Based on the failure to disclose the requested material, the trial court ordered the city to disregard the interrogation testimony in any disciplinary proceedings against the officers.The court of appeal reversed. Mandatory disclosure of complaints and reports before any interrogation of an officer suspected of misconduct is inconsistent with the statute's plain language and undermines a core objective—maintaining the public’s confidence in the effectiveness and integrity of law enforcement agencies by ensuring that internal investigations into officer misconduct are conducted promptly, thoroughly, and fairly. Under section 3303(g), an investigating agency’s disclosure obligations should be guided by whether the agency designates otherwise discoverable materials as confidential. Confidential materials may be withheld pending the investigation and may not be used as the basis for disciplinary proceedings absent disclosure; nonconfidential material should be disclosed upon request. View "Oakland Police Officers' Association v. City of Oakland" on Justia Law

After five years of litigation that culminated in a lengthy combined jury and bench trial, plaintiffs representing a subclass of retail workers were awarded $2,000,000 in damages against defendant Apple Inc. (Apple) for violations of certain California wage-and-hour labor laws. The trial court memorialized this award in its September 2017 judgment, noting that costs would be determined at a later time. Shortly after entry of the judgment plaintiffs filed a memorandum of costs, and several months later moved for attorney’s fees under Code of Civil Procedure section 1021.5. This case presented a single question for the Court of Appeal's determination: in a civil case where the prevailing party is entitled to recover certain litigation expenses and attorney’s fees from the losing party, when does postjudgment interest on an award of prejudgment costs begin to run? The Court held accrual begins on the date of the judgment or order that establishes the right of a party to recover a particular cost item, even if the dollar amount has yet to be ascertained. View "Felczer v. Apple" on Justia Law

Guivini Gomez was a former employee of the Regents of the University of California (Regents) who sued the Regents, as the named plaintiff in a purported class action, claiming the Regents failed to pay her the required minimum wage for all hours she worked. However, she did not allege the Regents set her hourly wage below the minimum wage as established by California law. Instead, she contended the Regents’ time-keeping procedures of rounding hours and automatically deducting 30 minute meal breaks resulted in her not receiving the minimum wage for all hours she actually worked. In addition to claiming the Regents did not pay her the minimum wage, Gomez also sought penalties under the Private Attorneys General Act. The superior court sustained the Regents’ demurrer without leave to amend and entered judgment in their favor. Gomez appealed, but finding no reversible error in the trial court's decision, the Court of Appeal affirmed. View "Gomez v. Regents of the University of Cal." on Justia Law

After an employee brought a wage and hour class action against her employer and prior to certification, the parties settled. The employer paid a sum to the employee and she dismissed the class claims without prejudice, with court approval. Then the employer brought a malicious prosecution action against the employee and her counsel. The employee and her counsel each moved to strike the action under the anti-SLAPP law, which the trial court denied on the basis that the employer established a prima facie showing of prevailing on its malicious prosecution cause of action.The Court of Appeal concluded that, because the prior action resolved by settlement, the employer is unable to establish that the action terminated in its favor as a matter of law. The court explained that the class claims are not severable from the individual claims for the purposes of the favorable termination analysis. Furthermore, the entire action terminated by settlement – a termination which was not favorable to the employer as a matter of law. Accordingly, the court reversed and remanded for determination of one unadjudicated anti-SLAPP issue, and whether the employee and her counsel are entitled to an award of attorney fees. View "Citizens of Humanity, LLC v. Ramirez" on Justia Law

The Court of Appeal affirmed the trial court's judgment entered against defendants after a bench trial in a wrongful termination action brought by a former employee. The employee alleged, inter alia, that CWG terminated her in violation of public policy because she had cancer.The court concluded that the $500,000 punitive damages award is not constitutionally excessive. In this case, the trial court properly considered harm to the employee beyond her economic damages; there are no comparable civil penalty provisions; defendants' conduct was reprehensible; and the punitive damages award is constitutionally permissible given the reprehensibility of defendants' conduct and the emotional harm to plaintiff. The court also concluded that defendants have not shown that the punitive damages are excessive under California law. The court further concluded that defendants have forfeited their claim that the trial court erred in considering Holdings's financial condition in assessing punitive damages. Finally, defendants have forfeited their claims based on Civil Code section 3294. View "Rubio v. CIA Wheel Group" on Justia Law

Plaintiff, individually and on behalf of a putative class, filed suit against his employers, SSP, alleging violations of various provisions of California’s wage and hour laws. SSP moved to compel arbitration under the collective bargaining agreement (CBA) between it and the labor union representing plaintiff.The Court of Appeal affirmed the trial court's denial of SSP's motion to compel arbitration. The court concluded that the CBA between SSP and the union provides for arbitration of claims arising under the agreement, but it does not waive the right to a judicial forum for claims based on statutes. In this case, the trial court correctly concluded that arbitrability was a question for the court, not the arbitrator, and that plaintiff's claims are not subject to arbitration. View "Wilson-Davis v. SSP America, Inc." on Justia Law

Defendant Daniel Clapp plead no contest to concealing the true extent of his physical activities and abilities from his employer, the Department of the California Highway Patrol (CHP), and the State Compensation Insurance Fund (SCIF). Consistent with a resolution negotiated by the parties, the trial court granted defendant three years’ probation, and as a condition of probation, ordered him to pay restitution. Following a hearing, defendant was ordered to pay $30,095.68 to SCIF for temporary disability benefits and $81,768.01 to CHP for benefits wrongfully obtained. He was also ordered to pay $1,350 and $70,159 to SCIF and CHP respectively for investigative costs. Defendant appealed the restitution award as to investigation costs contending that, as public investigative agencies, neither SCIF nor CHP was entitled to reimbursement for the costs of investigating his claim. After review, the Court of Appeal concluded that as direct victims of defendant’s fraud, both CHP and SCIF were indeed entitled to restitution for investigative costs incurred in an effort to justify discontinuance of payments and recoup money defendant fraudulently obtained. View "California v. Clapp" on Justia Law