Thursday, August 31, 2017

Rubenstein v. The Gap, Inc.

A retailer does not violate the False Advertising Law by using its own brand name labels on clothing that it manufactures and sells at its factory stores, even if the quality of the merchandise is inferior and such merchandise was never sold at its regular stores. A retailer does not engage in a fraudulent business practice for purposes of the Unfair Competition Law by using its own brand names on factory store clothing labels or by failing to disclose that its factory store clothing was not previously for sale at traditional stores. A retailer's use of its own brand names to market less expensive clothing lines in factory stores is not a partial representation, even if the products are alleged to be inferior to other brand name products. A plaintiff cannot assert a viable Consumers Legal Remedies Act against a retailer who has who made no misrepresentations as to the characteristics or quality of its factory store merchandise, and who has not failed to disclose any facts that it was obligated to disclose.

Rubenstein v. The Gap, Inc. - filed Aug. 24, 2017, Second District, Div. One
Cite as 2017 S.O.S. 4294

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Sprunk v. Prisma, LLC

A defendant in a putative class action can waive its right to compel arbitration against absent class members by deciding not to seek arbitration against the named plaintiff.

Sprunk v. Prisma, LLC - filed Aug. 23, 2017, Second District, Div. One
Cite as 2017 S.O.S. 4254

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Wednesday, August 30, 2017

Alamillo v. BNSF Railway Co.

A worker could not establish a prima facie case that his disabling condition was a motivating reason for his termination when his employer did not know he was disabled when the decision to initiate disciplinary proceedings was made. An employer did not engage in unlawful discrimination by declining to alter its decision to discipline a worker for his absenteeism after learning of a worker's diagnosis with a disabling condition when there was no evidence that his disabling condition was a direct cause of his work absences.

Alamillo v. BNSF Railway Co. - filed Aug. 25, 2017
Cite as 2017 S.O.S. 15-56091

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Aviles-Rodriguez v. Los Angeles Community College District

The one-year limitations period to file a Department of Fair Employment and Housing complaint for wrongful denial of tenure, resulting in employment termination, begins to run from the last day of employment.

Aviles-Rodriguez v. Los Angeles Community College District - filed Aug. 29, 2017, Second District, Div. Four
Cite as 2017 S.O.S. 4411

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Wednesday, August 23, 2017

Kennedy v. Bremerton School District

A public school employee engaged in demonstrative speech in his capacity as a public employee by kneeling and praying on the school football field immediately after games, in school logoed-attire, while in view of students and parents. Because the employee's demonstrative speech occurred while he was acting in his official capacity, his speech was not protected by the First Amendment.

Kennedy v. Bremerton School District - filed Aug. 23, 2017
Cite as 2017 S.O.S. 16-35801

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OTO, LLC v. Koh

An arbitration agreement containing a waiver of the wage claim provisions of the Labor Code is not unconscionable so long as the resulting arbitration procedure is affordable and accessible. An agreement is not unconscionable because it does not expressly inform a worker that the employer will pay the arbitral costs of a wage claim. The absence of representation by the labor commissioner does not make arbitration unaffordable. An arbitration proceeding that would resemble ordinary civil litigation is still accessible. An arbitration agreement's failure to designate a manner of commencing arbitration does not render the agreement unconscionable. An employer's delay in asserting its right to arbitrate does not waive its right to avoid a Berman hearing absent a showing of prejudice.

OTO, LLC v. Koh - filed Aug. 21, 2017, First District, Div. One
Cite as 2017 S.O.S. 4177

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