Justia California Court of Appeals Opinion Summaries

The case involves an employee, Pamela Cook, who filed a lawsuit against her employer, the University of Southern California (USC), and two coworkers, alleging discrimination and harassment. USC moved to compel arbitration based on an arbitration agreement signed by Cook as a condition of her employment. The agreement required Cook to arbitrate all claims against USC, its agents, affiliates, and employees, regardless of whether they arose from the employment relationship. The trial court denied the motion, finding the arbitration agreement was permeated by unconscionability, which could not be severed from the agreement. USC appealed this decision.The Superior Court of Los Angeles County had previously denied USC's motion to compel arbitration. The court found that the arbitration agreement was both procedurally and substantively unconscionable. Procedurally, the court found the agreement to be a contract of adhesion, made a condition of Cook's employment. Substantively, the court found the agreement to be unconscionable due to its infinite scope, covering all of Cook's claims regardless of their relation to her employment, and its infinite duration, surviving the termination of Cook's employment indefinitely. The court also found a lack of mutuality in the agreement, as it required Cook to arbitrate her claims against USC and all of USC’s “related entities,” but did not require USC’s “related entities” to arbitrate their claims against Cook.The Court of Appeal of the State of California Second Appellate District Division Four affirmed the trial court's decision. The appellate court agreed with the lower court's findings of both procedural and substantive unconscionability. The court found that the arbitration agreement was one-sided, overly broad in scope, and indefinite in duration. The court also agreed with the lower court's refusal to sever the unconscionable provisions and enforce the remainder of the agreement, finding that the agreement was permeated with unconscionability. View "Cook v. University of Southern California" on Justia Law

The plaintiff, Donald Ververka, was an administrator for a veterans home operated by the California Department of Veterans Affairs (CalVet). He was removed from his position after reporting safety and health issues at the home and potential violations of federal law to his superiors and an independent state agency. Ververka sued CalVet, alleging that his termination was in retaliation for his whistleblowing activities, in violation of Labor Code section 1102.5.The case went to trial, and the jury found that Ververka's protected disclosures were contributing factors in CalVet's decision to remove him. However, the jury also found that CalVet was not liable because it proved it would have made the same decision for non-retaliatory reasons. After the trial court entered judgment for CalVet, Ververka moved to vacate the judgment, arguing that he was entitled to declaratory relief and reasonable attorney’s fees and costs. The trial court denied the motion.On appeal, Ververka argued that the trial court erred in denying his motion to vacate the judgment. He contended that an employer’s “same decision” showing under section 1102.6 precludes only an award of damages and backpay and an order of reinstatement, and as a result, he was entitled to declaratory relief and reasonable attorney’s fees and costs. The Court of Appeal disagreed, concluding that the whistleblower statutes are not reasonably susceptible to Ververka’s interpretation. The court affirmed the judgment and dismissed the cross-appeal as moot. View "Ververka v. Department of Veterans Affairs" on Justia Law

John Sandy Campbell, a Resource Specialist Teacher at Chavez Social Justice Humanitas Academy from 2015 to 2017, was dismissed from her employment with the Los Angeles Unified School District due to excessive absences and other issues. The Commission on Professional Competence upheld her dismissal, and Campbell challenged this decision by filing a petition for writ of mandate in the superior court. The superior court, exercising its independent judgment, denied Campbell’s petition and upheld her dismissal.The proceedings to adjudicate Campbell’s dismissal were extensive, with the administrative hearing spanning 11 days. Campbell contended that the superior court erred in affirming her dismissal because the Commission miscited and applied the wrong statutory subdivisions at her dismissal hearing, and the court failed to apply “new” precedent when determining Campbell’s fitness to teach. The superior court recognized that the Commission cited incorrect subdivisions of section 44932 in its legal conclusions but noted that the Commission accurately listed, by name, the correct section 44932 causes for Campbell’s dismissal in these legal conclusions.The Court of Appeal of the State of California Second Appellate District Division Eight affirmed the superior court's decision. The appellate court found that Campbell had not demonstrated error in the lower court's decision. The court also rejected Campbell's insufficiency challenge due to her failure to present all the relevant evidence. Furthermore, the court found Campbell's argument that the superior court erred by not applying a more recent case law unconvincing. The court concluded that Campbell failed to overcome the presumption that the result was correct and affirmed the judgment, awarding costs to the District. View "Campbell v. Los Angeles Unified School District" on Justia Law

The case involves an employee, Massiel Hernandez, and her employer, Sohnen Enterprises. Hernandez signed an arbitration agreement with Sohnen, which stated that any disputes would be governed by the Federal Arbitration Act (FAA). When Hernandez filed a complaint against Sohnen for disability discrimination and Labor Code violations, the parties agreed to arbitrate. However, Sohnen failed to pay the arbitration fees within 30 days of the due date. Hernandez then filed a motion to withdraw from arbitration and litigate in state court, as permitted under California Code of Civil Procedure section 1281.97. The trial court granted the motion, finding that Sohnen had breached the arbitration agreement.Sohnen appealed, arguing that the FAA, not California law, governed the arbitration agreement and preempted section 1281.97. The Court of Appeal of the State of California, Second Appellate District, Division Five, agreed with Sohnen. The court found that the arbitration agreement was governed by the FAA, including both its substantive and procedural provisions. As a result, the procedures of section 1281.97 did not apply, and the trial court's order was reversed. The court also held that even if section 1281.97 did apply, it would still reverse the order because the FAA preempts the provisions of section 1281.97 that mandate findings of breach and waiver when an agreement falls within the scope of the FAA and does not expressly adopt California arbitration laws. View "Hernandez v. Sohnen Enterprises" on Justia Law

In September 2021, John Sandy Campbell filed a lawsuit against her former employer, the Los Angeles Unified School District, alleging racial discrimination and retaliation for whistleblowing. These allegations were in violation of Labor Code sections 1102.5 and 1106 and Government Code section 12940 (the Fair Employment and Housing Act). The District demurred, arguing that Campbell had not complied with the Government Code’s claim presentation requirement and that the statute of limitations barred her cause of action under the Act. The trial court sustained the District's demurrer without leave to amend, citing Le Mere v. Los Angeles Unified School District and Government Code section 12965, subdivision (c)(1)(C).The Court of Appeal of the State of California Second Appellate District Division Eight reviewed the trial court's ruling independently and applied the standard for demurrers. The court agreed with the trial court, stating that a plaintiff suing a public entity for damages must timely present a written claim to the entity before filing suit. Campbell had not demonstrated that she substantially complied with the claim presentation requirement. Furthermore, Campbell's amended complaint did not plead compliance with the claim presentation requirement.Additionally, Campbell's claim for violation of the Act was time-barred. The Department of Fair Employment and Housing had provided Campbell a Right to Sue notice dated October 9, 2018, giving her one year to file a civil action. Campbell did not sue until September 2021, making her suit untimely. The court also rejected Campbell's argument that the discovery rule saved her lawsuit. The court affirmed the judgment and order sustaining the demurrer without leave to amend and awarded costs to the respondent. View "Campbell v. L.A. Unified School Dist." on Justia Law

Isabel Garcia, an employee of RAC Acceptance East, LLC (RAC), filed a lawsuit against RAC, Stoneledge Furniture LLC (Stoneledge), and Inderjit Singh, alleging ten claims related to sexual harassment. RAC, Stoneledge, and Singh sought to compel arbitration based on an arbitration agreement they claimed Garcia electronically signed during her employment onboarding process. Garcia denied signing the agreement and argued that RAC failed to prove she executed the agreement.The trial court denied the petitions to compel arbitration. It found that while RAC had initially shown an agreement to arbitrate by providing the agreement, Garcia's denial of signing the agreement shifted the burden back to RAC to prove by a preponderance of the evidence that her electronic signature was authentic. The court found that RAC failed to meet this burden as the declaration provided by RAC did not present sufficient details of the onboarding process to establish how Garcia must have signed the agreement. The court also found that the agreement did not have the appearance of an electronically signed document created in Taleo, the third-party electronic workforce management platform used by RAC.On appeal, the Court of Appeal of the State of California First Appellate District Division Three affirmed the trial court's decision. The appellate court found that the trial court did not err in deciding whether any agreement to arbitrate existed in the first place, rather than delegating that decision to an arbitrator. The appellate court also found that RAC failed to prove the existence of the arbitration agreement. The court concluded that RAC's evidence did not show that only Garcia could have placed the electronic signature on the arbitration agreement. The court also found that the trial court did not abuse its discretion in denying RAC’s request for an evidentiary hearing. View "Garcia v. Stoneledge Furniture LLC" on Justia Law

The case involves an employee, Braden Nanez, who was injured in an auto accident while off work and away from his job at a remote fire base camp. His employer, 3 Stonedeggs, Inc., expected employees not to leave the job site and to notify a manager if they did. Nanez did not notify a manager he was leaving camp. The Workers’ Compensation Appeals Board (the Board) determined that under the commercial traveler rule, workers’ compensation coverage applied to Nanez's injuries. The Board found that Nanez’s use of his own car while off work to drive approximately 70 miles away from camp purportedly to obtain cellular service was conduct reasonably expected by his employer to be incident to its requirement that Nanez spend time away from home where cellular service was not adequately provided at the camp.The employer, 3 Stonedeggs, Inc., and its insurer, Technology Insurance Company, Inc., administered by Amtrust North America, petitioned for a writ of review, arguing that the Board acted in excess of its authority and that substantial evidence does not support the Board’s findings. They argued that Nanez was injured during a material deviation from his employment; he left the camp without employer approval on a personal activity that, under the unique circumstances of working at this remote fire camp, was not contemplated by the employer.The Court of Appeal of the State of California Third Appellate District denied the petition, finding that substantial evidence supports the Board’s findings. The court concluded that under the circumstances of Nanez’s age, his having his personal vehicle with him, the structure of his shifts, the remoteness of the camp, and his not being prohibited from using his vehicle during his off hours, it was reasonable for the employer to expect that Nanez would leave camp in his car during his off time as incident to being employed away from home. View "3 Stonedeggs, Inc. v. Workers' Compensation Appeals Board" on Justia Law

The case involves Dr. Gopal Balakrishnan, a former tenured professor at the University of California, Santa Cruz (UCSC), who was dismissed and denied emeritus status for sexually abusing a fellow academic at an off-campus academic conference and a UCSC student whom he volunteered to walk home from an off-campus graduation party. Balakrishnan appealed the decision, arguing that the university lacked jurisdiction to discipline him because the victims were not university students, the university misinterpreted and misapplied its own regulations and policies, he did not receive notice of all charges, and the sanctions were excessive.In the lower courts, Balakrishnan filed a petition for a writ of administrative mandate to set aside the findings and decision of the Regents of the University of California to terminate his employment and deny him emeritus status. The trial court denied his petition, upholding the university's decision.In the Court of Appeal of the State of California, the court rejected Balakrishnan's contentions and affirmed the trial court’s judgment. The court found that the university had the authority to discipline Balakrishnan for his off-campus behavior based on its internal policies, rules, and regulations. The court also found that Balakrishnan had received notice of the charges and that the sanctions were not excessive given the severity of his conduct. View "Balakrishnan v. Regents of the University of California" on Justia Law

This case revolves around an employment dispute where Renee Vines sued his former employer, O’Reilly Auto Enterprises, LLC, for violations of the Fair Employment and Housing Act (FEHA), alleging causes of action for race- and age-based discrimination, harassment, and retaliation. A jury found in his favor on his causes of action for retaliation and failure to prevent retaliation, but against him on his other causes of action. Vines moved for statutory attorneys’ fees, which the trial court granted but awarded only a portion of the requested amount. Vines appealed, and the appellate court reversed, holding that the trial court erred in its determination of the fees.The trial court had initially awarded Vines a reduced amount of attorneys’ fees, based on its determination that Vines's unsuccessful discrimination and harassment causes of action were not closely related to or factually intertwined with his successful retaliation causes of action. Vines appealed this decision, and the appellate court reversed, holding that the trial court erred in its determination. On remand, the trial court awarded Vines a significantly larger amount in fees.O’Reilly Auto Enterprises, LLC, appealed from the order denying its motion to vacate the renewal of judgment, challenging only the amount of interest on the award of attorneys’ fees. O’Reilly argued that, because the appellate court's decision in the prior appeal was a reversal, not a modification, of the trial court’s initial order, interest on the amount of attorneys’ fees awarded should run from the date of the second order, not the first. The appellate court agreed with O’Reilly, reversed the order denying O’Reilly’s motion to vacate the renewed judgment, and directed the trial court to grant the motion. View "Vines v. O'Reilly Auto Enterprises" on Justia Law

The case revolves around June LaMarr, an employee at the University of California Davis Medical Center, who was transferred to a different department following performance issues and conflicts with her supervisor. The transfer was initially temporary, but later became permanent, resulting in a decrease in LaMarr's pay. LaMarr sued the Regents of the University of California, alleging that her due process rights were violated as she was not provided a hearing under Skelly v. State Personnel Bd. before her demotion.The trial court found in favor of the Regents. It concluded that LaMarr was not deprived of due process when she was offered the option to either transfer to a non-supervisory position with reduced pay or return to her higher paying supervisory position and face possible termination proceedings. The court reasoned that the Regents never issued a notice of intent to dismiss and that LaMarr's feeling of duress did not trigger due process protections.In the Court of Appeal of the State of California Third Appellate District, LaMarr appealed the trial court's decision, arguing that the finding lacked substantial evidence. She contended that she was not informed of the adverse consequences of accepting a transfer and that her acceptance of the transfer was not voluntary.The appellate court affirmed the trial court's decision. It found substantial evidence that the Regents did not violate LaMarr's due process rights because she was never notified of an intent to terminate and any demotion was voluntary. The court also noted that a difficult choice is not the same as an involuntary choice. It concluded that there was substantial evidence supporting the trial court's finding that the Regents did not deprive LaMarr of due process. View "LaMarr v. The Regents of the University of California" on Justia Law