Is travel time spent in an employer-provided vehicle loaded with equipment and tools under an optional and voluntary Home Dispatch Program compensable? The California Court of Appeal finds it is not. Plaintiffs are class representatives of current and former employees of Pacific Bell Telephone Company who install and repair video and internet services in customers’…

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The Second Appellate District, Division Four, in Olive v. General Nutrition Centers (GNC), Inc., B279490 (11/02/18), was confronted with the question whether a plaintiff who was awarded in excess of $1 million on one claim, but did not prevail on significant other claims whereby he sought as much as $23 million, was the “prevailing party”…

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California Code of Civil Procedure section 437c, subdivision (e), states that summary judgment may not be denied solely on the basis of the credibility of the moving party’s witnesses. However, summary judgment may be denied at the court’s discretion if the only proof of a material fact offered in support of the summary judgment is…

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In Jae Kim v. Toyota Motor Corporation, 6 Cal. 5th 21 (2018), the California Supreme Court broke with 40+ years of court of appeal precedent barring manufacturers from using evidence of their compliance with industry custom and practice to prove their designs were not defective. The Court held that such evidence is not inadmissible, but…

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A prominent law firm, Sheppard, Mullin, Richter & Hampton (Sheppard), failed to inform the world’s largest PVC pipe manufacturer, J-M Manufacturing (J-M), that it had an ongoing relationship with a municipality that was a party to a whistleblower suit the firm was hired to handle. The California Supreme Court held that an engagement agreement (including…

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Plaintiff Pearl Rangel allegedly worked for PLS Check Cashers from September 2012 to August 2014. Employees of PLS filed a California state court action alleging several violations of the California Labor Code. The complaint did not assert any federal claims and made no mention of the Fair Labor Standards Act (“ FLSA”). A settlement was…

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Peter Hass collapsed and died of cardiac arrest after crossing the finish line at the 2011 Kaiser Permanente San Francisco Half Marathon. Hass’ wife and two minor children filed a wrongful death action against the race organizer, RhodyCo Productions, for negligent organization and management of the race with respect to provision of emergency services. RhodyCo…

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Plaintiff Kathleen Willhide-Michiulis was seriously injured in a snowboarding accident when she collided with snow-grooming equipment at Mammoth Mountain Ski Area. Plaintiff sued Mammoth in Los Angeles County, arguing that it has been grossly negligent. The trial court granted Mammoth’s Motion for Summary Judgment, and Plaintiff appealed. First, the appellate court ruled that the trial…

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Plaintiff Mary Anselmo attended Los Angeles Pierce College and was a member of the Pierce College Women’s Volleyball team. On March 4, 2016, Plaintiff travelled to Grossmont College to participate in an intercollegiate beach volleyball tournament. Grossmont College and the volleyball courts where the tournament occurred are owned, controlled, and maintained by The District-Cuyamaca Community…

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When a third party sues an employer for the negligent hiring, retention, and supervision of an employee who intentionally injured that third party, does the suit allege an “occurrence” under the employer’s commercial general liability policy? The Supreme Court finds that it can, and the answer turns on whether the injury can be considered “accidental.”…

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