Monday, February 27, 2017

Lemke v. Sutter Roseville Medical Center

Terminated employee's claim that her former employer's "managing agents and employees published false and defamatory statements concerning" her "profession, trade, business and qualifications" was barred by absolute litigation privilege where any such statements were made to Medical Board in connection with allegations of nursing misconduct.

Lemke v. Sutter Roseville Medical Center - filed Feb. 9, 2017, publication ordered Feb. 27, 2017, Third District
Cite as 2017 S.O.S. 1018

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Melamed v. Cedars-Sinai Medical Center

Plaintiff's action against hospital, its medical staff, and specific doctors involved in decision to summarily suspend his privileges after he allegedly operated on a child using improperly selected equipment was properly stricken under the anti-SLAPP statute. Plaintiff's claims arose out of a protected activity--the medical staff's peer review process--and plaintiff could not show a probability of success on the merits because each of his claims was barred, either by the statute of limitations or by failure to exhaust remedies by way of a petition for writ of mandamus.

Melamed v. Cedars-Sinai Medical Center - filed Feb. 27, 2017, Second District, Div. One
Cite as 2017 S.O.S. 1006

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Goonewardene v. ADP, LLC

Goonewardene v. ADP, LLC  (2016) 5 Cal.App.5th 154 (SC S238941/B267010 review granted 2/15/17) Payroll Service Provider/Joint Employer

Petition for review after the Court of Appeal reversed the dismissal of a civil action. This case presents the following issue: Does the aggrieved employee in a lawsuit based on unpaid overtime have viable claims against the outside vendor that performed payroll services under a contract with the employer? Votes: Cantil-Sakauye, C.J., Werdegar, Chin, Corrigan, Liu, Cuéllar and Kruger, JJ.

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Zetwick v. County of Yolo

Where correctional officer alleged sheriff created sexually hostile work environment, summary judgment for defendants was error because a reasonable juror could conclude that differences in the sheriff's hugging of men and women were not, as the defendants argued, just "genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and the opposite sex." Hugging can create a hostile or abusive workplace when it is unwelcome and pervasive, and summary judgment on a hostile work environment claim is appropriate only if the defendant's conduct was neither severe nor pervasive enough to alter the conditions of the plaintiff's employment.

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Wednesday, February 22, 2017

Hamilton v. Orange County Sheriff's Dept.

Hamilton v. Orange County Sheriff's Dept. (CA4/3 G051773 2/7/17) Civil Procedure/Employment Discrimination

This appeal arises from an uncontested summary judgment.  Plaintiff contends the court erred by not accepting the parties’ stipulation to continue the hearing on defendant’s summary judgment motion and the trial for 60 days.  The parties had agreed to these continuances to allow plaintiff to take depositions of the witnesses whose declarations had been submitted in support of defendant’s pending summary judgment motion.  Plaintiff had timely noticed these depositions but they could not go forward because defendant’s counsel was engaged in trial.  The court had earlier granted defendant’s ex parte motion to continue the trial so that defendant’s summary judgment motion could be heard.  Under these circumstances, we conclude the court abused its discretion by failing to accommodate counsel’s joint request for a further 60-day continuance.  Accordingly, we reverse the judgment.

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McLane Co. v. EEOC

McLane Co. v. EEOC (US 15-1248 Oral Argument Transcript 2/21/17) EEOC Subpoena/Standard of Review

Whether a district court’s decision to quash or enforce an EEOC subpoena should be reviewed de novo, which only the Ninth Circuit does, or should be reviewed deferentially, which eight other circuits do, consistent with this Court’s precedents concerning the choice of standards of review.

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Tuesday, February 21, 2017

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

For purposes of the tort of intentional interference with prospective economic advantage, the requirement that the plaintiff establish the existence of an economic relationship with a third party that contains the probability of future economic benefit to the plaintiff was not met where the plaintiff was a bidder for a public works contract and the third party was the public entity soliciting bids. Under rules unique to public works contracts--where the public entities retained broad discretion to reject all bids, bids were sealed, there were no postsubmission negotiations, and the public entities could give no preference to any bidder based on past dealings and were required to accept the lowest responsible bid--plaintiffs had at most a hope for a future benefit, not a probability of one.

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