New CA Employment and Tort Cases

New Published California Employment and Tort Cases

Employment Case: Did plaintiff’s service retirement while under investigation for misconduct constituted a complete severance of the employer-employee relationship?

The California Court of Appeal Court addressed this issue last month. Below is my one-paragraph case summary from my online publication California Case Summaries™: 

Monroe v. Cal. Public Employees' Retirement System (2026) _ Cal.App.5th _ , 2026 WL 458134: The Court of Appeal affirmed the trial court’s order denying plaintiff’s petition for a writ of mandate seeking to overturn defendant’s denial of his disability retirement application. While under investigation for on-duty misconduct, plaintiff (a parole agent) applied for service retirement, pending a claim for disability retirement. His application was accepted, and he was thereafter found ineligible for a disability retirement because his departure was not related to a disability and occurred while he was under investigation for misconduct.  Defendant’s CalPERS Board of Administration affirmed the denial because a prerequisite for a disability retirement was lacking: the right to return to service. The trial court denied plaintiff’s writ petition, agreeing that plaintiff was barred from applying for disability retirement benefits after he service retired while under investigation for on-duty misconduct. The Court of Appeal held that plaintiff’s service retirement while under investigation for misconduct constituted a complete severance of the employer-employee relationship, eliminating the necessary prerequisite for disability retirement — the right to potential reinstatement — and therefore rendered him ineligible for disability retirement benefits regardless of whether his departure was characterized as a service retirement or a termination for cause. (C.A. 2nd, filed February 28, 2026, published March 11, 2026.)

Tort Case:  Did the trial court properly admit evidence of prior branch failures from other Bradford pear trees of the same species in the same vicinity? 

The California Court of Appeal Court addressed this issue last month. Below is my one-paragraph case summary from my online publication California Case Summaries™: 

Yan v. City of Diamond Bar (2026) _ Cal.App.5th _ , 2026 WL 685371: The Court of Appeal affirmed the trial court’s entry of judgment for plaintiff, following a jury trial where the jury awarded plaintiff $750,000 in noneconomic damages as a result of injuries he sustained when a tree branch fell on him while walking on a public sidewalk. The Court of Appeal held that the trial court did not abuse its discretion in admitting evidence of prior branch failures from other Bradford pear trees of the same species in the same vicinity to establish the defendant city’s actual or constructive notice of the dangerous condition, and that the testimony of a neighborhood resident who reported those prior branch failures to defendant was also properly admitted, as no special expertise was required to report a fallen limb for purposes of establishing notice. (C.A. 2nd, March 11, 2026.)

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Monty McIntyre helps attorneys throughout California settle cases as a mediator, decide cases as an arbitrator and decide issues as a referee. He handles employment, tort, business, commercial, insurance, real property and probate cases. He brings to his ADR work extensive experience as a California civil trial lawyer since 1980 who has represented both plaintiffs and defendants in these areas. Monty has been a member of the American Board of Trial Advocates (ABOTA) since 1995, has tried over 100 civil cases including numerous civil jury trials, judge trials, administrative trials, and arbitrations. Monty served as the president of the San Diego County Bar Association in 2002 and served as the president of the San Diego Chapter of ABOTA in 2014. 

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