New Employment Law Case

In addition to my work as a mediator, arbitrator and referee, I help California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries. 

Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly, with summaries of the 43 new California civil and family law cases published in January of 2022. 

California Supreme Court
Employment

 Lawson v. PPG Architectural Finishes, Inc. (2022) _ Cal.5th _ , 2022 WL 244731: The California Supreme Court, answering a question posed by the Ninth Circuit Court of Appeals, determined the proper method for presenting and evaluating a claim of whistleblower retaliation under Labor Code section 1102.5. Once an employee-whistleblower establishes by a preponderance of the evidence that retaliation was a contributing factor in the employee’s termination, demotion, or other...

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New Case Discussing Settlements

Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly, with summaries of the 48 new California civil and family law cases published in December of 2021. 

California Courts of Appeal
Settlement

CSAA Insurance Exchange v. Hodroj (2021) _ Cal.App.5th _ , 2021 WL 5631492: The Court of Appeal affirmed the trial court's order granting plaintiff's motion for summary judgment in an action by plaintiff carrier against defendant for breaching his agreement to settle a personal injury claim for the policy limit of $100,000. When parties agree on the material terms of a contract with the intention to later reduce it to a formal writing, failure to complete the formal writing does not negate the existence of the initial contract. The Court of Appeal concluded that the communications between defendant's lawyer and plaintiff reflected a settlement which would be later memorialized in a...

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Monty's Civil Summary: 9-25-20

civil litigation torts Sep 27, 2020

California Case Summaries
by Monty A. McIntyre, Esq.

CALIFORNIA COURTS OF APPEAL

Torts

Koussaya v. City of Stockton (2020) _ Cal.App. 5th _ , 2020 WL 5626796: The Court of Appeal affirmed the trial court's order granting defendants' motions for summary judgment in a case alleging assault and battery, negligence and intentional infliction of emotional distress arising from plaintiff's[1] serious injuries suffered after she jumped from a moving Ford Explorer driven by bank robbers being chased and shot at by police officers. The Court of Appeal ruled that the trial court had abused its discretion in excluding evidence contained a report by the Police Foundation regarding the incident, and also misapplied the Government Claims Act (Gov. Code, § 810 et seq.) to improperly limit the scope of plaintiff's allowable claims based upon the tort claim filed by plaintiff. However, even taking into account the improperly excluded evidence and properly viewing the factual basis of plaintiff's...

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