Khan v. Dunn-Edwards Corp.

This lawsuit is brought pursuant to Labor Code section 2698, the Labor Code Private Attorneys General Act of 2004 (PAGA).  We affirm the summary judgment because plaintiff Hamid H. Khan failed to provide adequate notice of his claim to the relevant agency prior to bringing the lawsuit against his former employer Dunn-Edwards Corporation (Dunn-Edwards).

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Bustos v. Global P.E.T.

A trial judge committed no abuse of discretion in denying a worker's request for attorney fees after he secured a jury verdict finding his disability--or perceived disability--had been a substantial motivating cause for his termination from his job. An award of attorney's fees is discretionary under Government Code Sec. 12965(b) and it is not beyond reason to conclude that a plaintiff who obtained no monetary or equitable relief was not a "prevailing party" under the Fair Employment and Housing Act.

Bustos v. Global P.E.T. - filed Dec. 22, 2017, publication ordered Jan. 16, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 304

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Encino Motorcars, LLC v. Navarro

Whether service advisors at car dealerships are exempt under 29 U.S.C. § 213(b)(10)(A) from the Fair Labor Standards Act's overtime-pay requirements.

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Duran v. U.S. Bank Nat'l. Ass'n.

Duran v. U.S. Bank Nat'l. Ass'n. (CA1/1 A148817 1/17/18) Wage & Hour/Class Certification

In our second encounter with this class action case, plaintiffs Samuel Duran and Matt Fitzsimmons appeal from the trial court’s order denying class certification.  This case is a wage and hour class action challenging whether defendant U.S. Bank National Association (Bank) had properly classified its business banking officers (BBOs) as exempt employees under the outside salesperson exemption.  This exemption applies to employees who spend more than 50 percent of their workday engaged in sales activities outside their employer’s place of business.  The trial court concluded plaintiffs failed to demonstrate that the case is manageable as a class action.  We affirm.

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ABM Industries Overtime Cases

In determining a witness' qualifications to serve as an expert, the determinative issue in each case must be whether the witness has sufficient skill or experience in the field so that his testimony would be likely to assist the jury in the search for the truth. Once this threshold has been met, questions regarding the degree of an expert's knowledge go more to the weight of the evidence presented than to its admissibility. In determining whether to grant class certification, a trial court abused its discretion in disregarding the plaintiffs' proffered expert evidence of common practice, rather than accepting it for what it was and weighing it against the existence of any individualized inquiries that might properly have defeated plaintiffs' request for class certification.

ABM Industries Overtime Cases - filed Dec. 11, 2017, publication ordered Jan. 10, 2018, First District, Div. Four
Cite as 2018 S.O.S. 180

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Golden Eagle Land Investment, L.P. v. Rancho Santa Fe Association

A defendant's communications with county land use authorities on the subject of governmental entitlement applications constitutes protected activity for purposes of the anti-SLAPP statute.

Golden Eagle Land Investment, L.P. v. Rancho Santa Fe Association - filed Jan. 12, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 211

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Central Valley Hospitalists v. Dignity Health

A defendant abused the protections of the anti-SLAPP law by filing a special motion to strike a complaint which alleged no acts arising from a protected activity, based on the defendant's beliefs that the plaintiff's claims were really predicated on a theory of liability which was unstated.

Central Valley Hospitalists v. Dignity Health - filed Jan. 9, 2018, First District, Div. Two
Cite as 2018 S.O.S. 143

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