Justia California Court of Appeals Opinion Summaries

Plaintiff filed suit against his former employer, the Department, alleging racial discrimination in violation of the California Fair Employment and Housing Act (FEHA), Gov. Code, 12900 et seq. The trial court dismissed the complaint after sustaining a demurrer on the statute of limitations ground. The court agreed with plaintiff that the order sustaining the demurrer must be reversed because the complaint sufficiently alleges that the FEHA one-year limitations period was equitably tolled during the period of the EEOC investigation. Accordingly, the court reversed the dismissal and reinstated the first amended complaint. View "Mitchell v. Dept. of Public Health" on Justia Law

In 2012, Eureka Police Sergeant Laird and others arrested a minor, after a chase in which the minor “was pushed to the ground, fell to the ground, or just gave up and laid on the ground.” A patrol car’s mobile audio-video recording system produced videos of the arrest. A citizen lodged a complaint regarding the handling of the minor. The Department conducted an investigation. Laird was charged with misdemeanor assault by a police officer without lawful necessity and making a false report. After reviewing the evidence, including the arrest video, experts determined Laird did not use excessive force. The prosecution dismissed the charges. In 2013-2014, Greenson wrote articles in local newspapers about the arrest and subsequent litigation. Greenson's request under the California Public Records Act (Gov. Code 6250), seeking disclosure of the arrest video, was denied. The city cited discretionary exemptions for personnel records and investigative files,”Penal Code sections 832.7, 832.8. Greenson then filed a request under Welfare and Institutions Code section 827, which authorizes public disclosure of confidential juvenile records under limited circumstances. The court of appeal affirmed that the arrest video is not a personnel record protected by the statutes. and the order requiring the video's release. View "City of Eureka v. Superior Court" on Justia Law

In 2012, Eureka Police Sergeant Laird and other officers arrested a minor, after a chase in which the minor “was pushed to the ground, fell to the ground, or just gave up and laid on the ground.” A patrol car’s mobile audio-video recording system produced videos of the arrest. A citizen lodged a complaint regarding the handling of the minor. The Department conducted an investigation. Sergeant Laird was charged with misdemeanor assault by a police officer without lawful necessity and making a false report. After reviewing the evidence, including the arrest video, experts determined Laird did not use excessive force. The prosecution dismissed the charges. In 2013-2014, Greenson wrote articles in local newspapers about the arrest and subsequent litigation. Greenson filed a California Public Records Act (Gov. Code 6250) request seeking disclosure of the arrest video. The city denied the request, citing discretionary exemptions for personnel records and investigative files, Penal Code sections 832.7, 832.8. Greenson then filed a request under Welfare and Institutions Code section 827, which authorizes public disclosure of confidential juvenile records under limited circumstances. The court of appeal affirmed that the arrest video is not a personnel record protected by the statutes. and an order requiring release of the video. View "City of Eureka v. Superior Court" on Justia Law

This appeal addressed a collective action alleging nonpayment of overtime, as required by state law under Labor Code section 510 and federal law under the Fair Labor Standards Act of 1938 (FLSA). Plaintiff Jose Luis Morales and 177 other similarly situated plaintiffs (collectively, appellants) sued their employer, the 22nd District Agricultural Association of the State of California (the DAA), alleging nonpayment of overtime. Appellants were seasonal employees of the DAA who assist with amusement and seasonal operations. Appellants contended that reversal of the judgment in favor of the DAA on their FLSA claim was required because the trial court: (1) improperly denied their nonsuit motion; (2) erred in instructing the jury; (3) provided an erroneous special verdict form; and (4) improperly excluded party witnesses from the courtroom. The Court of Appeal found that appellants did not meet their burden to demonstrate reversible error. Furthermore, the Court concluded that the trial court properly sustained the DAA's demurrer to appellants' section 510 claim, but erred in denying leave to amend. View "Morales v. 22nd Dist. Agricultural Assn." on Justia Law

Steven Seapker was administratively appealing a decision by the City of Carlsbad (City) to discharge him from his position as a police officer. His defense was that the City was penalizing him more harshly than it has penalized other similarly situated police officers. This case presented the question of whether a judgment denying a petition for writ of mandate challenging an evidentiary ruling of a hearing officer was an appealable final judgment or a nonappealable interlocutory judgment. The Court of Appeal published this order to clarify that a judgment denying a petition for writ of mandate challenging an evidentiary ruling of a hearing officer was a nonappealable interlocutory judgment where, as here, the superior court did not deny the petition on the merits, the administrative proceedings before the hearing officer were not concluded, the hearing officer was not the final administrative decision maker, and the hearing officer's decision did not a create a substantial risk confidential information would be publicly disclosed. The Court, therefore, dismissed the appeal and denied a related motion for stay as moot. View "City of Carlsbad v. Scholtz" on Justia Law

In the underlying action, inmate Alejandro Franco filed suit under 42 U.S.C. 1983 after Los Angeles County Sheriff’s Deputies David Chang, Anthony Pimentel, and Kris Cordova assaulted Franco. The deputies signed agreements with the County of Los Angeles setting forth the terms and conditions under which the County would defend them. The jury found that the deputies violated Franco's federal civil rights and awarded damages. The deputies’ request for indemnification from the Los Angeles County Board of Supervisors was denied. The deputies then filed suit against the County and others, seeking to compel payment of the Franco judgment. The trial court granted summary judgment in favor of the deputies. The court held, however, that Government Code section 825.2 applies when a public entity employer provides a defense under a reservation of rights that includes reservation of the right not to indemnify for acts committed with actual fraud, corruption or actual malice. An employer’s reservation of the right to indemnity from the employee for acts committed with actual fraud, corruption or actual malice is necessarily a reservation of the right not to indemnify the employee for such acts. Accordingly, the court reversed the judgment with directions. View "Chang v. County of Los Angeles" on Justia Law

Popescu sued Apple for damages after he was fired by his employer, Constellium. He alleged that Apple took affirmative steps to convince Constellium to terminate him in retaliation for his resistance to Apple’s alleged illegal anti-competitive conduct. The court dismissed. The court of appeal reversed with respect to claims for intentional interference with contractual relations and for intentional interference with prospective economic advantage. An employee whose at-will employment contract is terminated as a result of a third party’s interference need not allege that the defendant’s conduct was independently wrongful to state a contract interference claim. Popescu was not required to allege that he was directly harmed by an independently wrongful act so long as he alleged (as he did) that Apple’s wrongful act interfered with his economic relationship with Constellium. View "Popescu v. Apple Inc." on Justia Law

Waters began working as a Petaluma firefighter and paramedic in 2008. She was the first and only woman to hold that position. She claims she was immediately subjected to harassment and discrimination based upon her sex. According to Waters, she was subjected to retaliation when she complained. The city maintains that Waters never complained. In February 2014, Waters went on leave; in May, the city received notice from the Equal Employment Opportunity Commission, that Waters had filed a charge alleging sexual harassment and retaliation. Days later, Waters voluntarily resigned. The city retained outside counsel, Oppenheimer, to investigate. Oppenheimer provided her report to the city only; every page contained an indication that it was confidential and attorney-client privileged. During discovery in Waters’ lawsuit, the court granted a motion to compel production of the report. The court of appeal reversed. The dominant purpose of Oppenheimer’s investigation was not fact-finding, but to provide legal services in anticipation of litigation. She was not required to give legal advice as to what course of action to pursue in order for the attorney-client privilege to apply. The privilege was not waived by the employer’s assertion of an avoidable consequences defense; the city does not seek to rely on the post-employment investigation as a defense, nor could it. View "City of Petaluma v. Superior Court" on Justia Law

The trial court issued a permanent injunction in 2014 barring the union from conducting demonstrations inside stores owned by Walmart. The union argued that the trial court had no jurisdiction to enter the injunction because the matter was preempted by the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq. In Sears, Roebuck & Co. v. Carpenters, the high court established an analytical framework to determine San Diego Unions v. Garmon preemption issues, including the application of the local interest exception, in the context of a California trespass case. Sears indicates that at least with respect to trespass claims, the trespass issue may properly be seen as distinct from violations of federal labor law arising out of the same conduct, and therefore not preempted; the Sears analysis is premised on the idea that two different legal controversies may arise out of one set of facts or form of conduct; and Sears indicates peaceful trespass may be an issue deeply rooted in local feeling such that the local interest exception to preemption may apply. Determining that Sears governs this case, the court concluded that Walmart's trespass action is not preempted by the NLRA because the local interest exception applies. Here, the gravamen of Walmart’s claim in the trial court was that the union activities were unlawful because they were occurring inside Walmart stores. Accordingly, the court affirmed the trial court's judgment. View "Walmart v. UFCW" on Justia Law

Appellant Rogelio Ramos sued his former employers, Jose Robledo and Dora Garcia (nonparties in this appeal), seeking to recover unpaid overtime, minimum wages and other compensation, and to impose job-related penalties. Appellant obtained some of the monetary recovery he requested against the two employers. However, Appellant had also sued respondent Manuel Garcia, claiming he was an employer, but Appellant lost on all those claims as to Respondent, when the court found that Respondent was a manager and co-employee of the business, not an owner/employer. Following trial, the court awarded Respondent attorney fees, as the "prevailing party." Appellant argued on appeal that the award of attorney fees to Respondent should have been reversed because the statutory requirements of the applicable statutes allowed an award of attorney fees under these circumstances, in which Respondent was a prevailing employee defendant. The Court of Appeal agreed that the attorney fees award was not supported by the record and reversed with directions. View "Ramos v. Garcia" on Justia Law