Attorney Journals, San Diego, Volume 202

Page 22

California Case Summaries New California Civil Cases by Monty A. McIntyre, Esq.

These recent cases summarized by Monty A. McIntyre are from his publication California Case Summaries™. Monty prepares short summaries, organized by legal topic, of every new published California civil and family law case that California lawyers can subscribe to on a monthly, quarterly or annual basis. For more information go to https:// californiacasesummaries.mykajabi.com. A California civil trial lawyer since 1980 and a member of ABOTA since 1995, Monty serves as a mediator, arbitrator and referee with ADR Services, Inc. handling cases in the areas of business, elder abuse, employment/wage & hour, insurance bad faith, legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule a matter, contact Monty’s case manager Christopher Schuster at ADR Services, Inc. at (619) 233-1323 or christopher@adrservices.com.

CALIFORNIA SUPREME COURT Civil Code Scholes v. Lambirth Trucking Co. (2020) _ Cal.5th _ , 2020 WL 827863 : The California Supreme Court affirmed the Court of Appeal decision finding plaintiff’s action for damage to his trees from a fire that started on defendant’s property was untimely filed under the applicable three-year statute of limitations for trespass. The five-year statute of limitations and heightened damages provisions of section Civil Code 3346 are inapplicable to damages to timber, trees, or underwood from negligently escaping fires. (February 20, 2020.)

Employment Frlekin v. Apple Inc. (2020) _ Cal.5th _ , 2020 WL 727813: Responding to a request of the United States Court of Appeals for the Ninth Circuit to decide a question of California law, the California Supreme Court ruled that time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices voluntarily brought to work purely for personal convenience by employees is compensable as “hours worked” within the meaning of Industrial Welfare Commission wage order No. 7-2001. (February 13, 2020.)

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Attorney Journals San Diego | Volume 202, 2020

Kim v. Reins Internat. Cal., Inc. (2020) _ Cal.5th _ , 2020 WL 1174294: The California Supreme Court reversed the Court of Appeal’s ruling affirming the trial court’s order granting defendant’s motion for summary judgment regarding the alleged Labor Code Private Attorneys General Act of 2004 (PAGA; Labor Code, section 2698 et seq.) violation after plaintiff settled his individual claims. Ruling on an issue of first impression, the California Supreme Court held that employees do not lose standing to pursue a claim under PAGA if they settle and dismiss their individual claims for Labor Code violations. Settlement of individual claims does not strip an aggrieved employee of standing, as the state’s authorized representative, to pursue PAGA remedies. (March 12, 2020.)

CALIFORNIA COURTS OF APPEAL Appeals County of Humboldt v. App. Div. (2020) _ Cal.App.5th _ , 2020 WL 1164262: The Court of Appeal granted a writ petition directing respondent to vacate its earlier order dismissing petitioner’s appeal and to issue a new order transferring the case to the Court of Appeal for further proceedings. In an enforcement action, petitioner issued a penalty of $88,800 against real party in interest Alejandro


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