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Newsletter
“Nearly Unreadable” Arbitration Agreement May Be Unconscionable
Fuentes v. Empire Nissan, Inc., 19 Cal. 5th 93 (2026)
Employer’s Roll Out Of Arbitration Agreement During Class Action Litigation Was Ineffective
Avery v. TEKsystems, Inc., 165 F.4th 1219 (9th Cir. 2026)
Unsuccessful PAGA Claimant Was Properly Denied Standing in Civil Action
Sorokunov v. NetApp, Inc., 2026 WL 590943 (Cal. Ct. App. 2026)
Resident Property Manager Was Properly Compelled to Vacate Premises Upon Termination of Employment
De Paolo v. Rosales, 118 Cal. App. 5th Supp. 1 (2026)
Employer That Violates Consumer Reporting Act Is Liable For at Least $10,000 per Violation
Parsonage v. Wal-Mart Assocs., Inc., 118 Cal. App. 5th 399 (2026)
Cambodian Villagers Could Proceed With Human Trafficking Lawsuit
Ratha v. Rubicon Resources, LLC, 168 F.4th 541 (9th Cir. 2026) (en banc)
March 2026
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Newsletter
Sexual Orientation Harassment Claim is Immune From Arbitration Under the EFAA
Quilala v. Securitas Sec. Servs. USA, Inc., 2025 WL 3639429 (Cal. Ct. App. 2025)
Employee’s “Misinterpretation” of the Law Did Not Preclude Recovery on Whistleblower Claim
Contreras v. Green Thumb Produce, Inc., 116 Cal. App. 5th 1251 (2025)
Plaintiffs Barred From Proceeding Pseudonymously
Roe v. Smith, 116 Cal. App. 5th 227 (2025)
Three-Year Workplace Violence Restraining Order is Upheld
County of Los Angeles v. Niblett, 116 Cal. App. 5th 454 (2025)
Case Was Properly Dismissed Under 5-1/2 Year Rule
Randolph v. Trustees of the Cal. State Univ., 2025 WL 3763384 (Cal. Ct. App. 2025)
Salvation Army Workers May Have Been Volunteers Exempt From Wage/Hour Laws
Spilman v. The Salvation Army, 2026 WL 35953 (Cal. Ct. App. 2026)
Lower Court Erred in Calculating Unpaid Wages and Assessing Manager’s Liability
Iloff v. LaPaille, 2025 WL 3718335 (Cal. Ct. App. 2025)
Strip Club Dancer Could Proceed With FLSA Retaliation Claim
Hollis v. R&R Restaurants, Inc., 159 F.4th 677 (9th Cir. 2025)
Employees Who Rescind Individual Settlement Agreements Might Have to Repay Compensation Received
The Merchant of Tennis, Inc. v. Superior Court, 2026 WL 102728 (Cal. Ct. App. 2026)
Employer Waived Arbitration by Litigating in Court For More Than Four Years
Sierra Pac. Industries Wage & Hour Cases, 116 Cal. App. 5th 1038 (2025)
Motion to Compel Arbitration Was Improperly Denied
Wise v. Tesla Motors, Inc., 2025 WL 3707196 (Cal. Ct. App. 2025)
Arbitrator’s Error in Awarding Attorney’s Fees Did Not Warrant Vacatur
VIP Mortg. Inc. v. Gates, 162 F.4th 1010 (9th Cir. 2025)
Miscellaneous PAGA Developments
January 2026
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Newsletter
Employee Was Wrongfully Terminated After Failing Polygraph Test
McDoniel v. Kavry Mgmt., LLC, 114 Cal. App. 5th 949 (2025)
COVID-19 Religious Discrimination Claim Was Properly Dismissed
Detwiler v. Mid-Columbia Med. Ctr., 2025 WL 2700000 (9th Cir. 2025)
Employees Can Proceed With Age Discrimination Claims
Caldrone v. Circle K Stores, Inc., 2025 WL 2811320 (9th Cir. 2025)
Arbitration Agreement Was Unconscionable
Gurganus v. IGS Solutions LLC, 2025 WL 2944090 (Cal. Ct. App. 2025)
“Headless” PAGA Claim May Proceed
Galarsa v. Dolgen Cal., LLC, 115 Cal. App. 5th 1 (2025)
Retired Professional Football Player Is Ineligible For California Workers’ Comp Benefits
Atlanta Falcons v. WCAB, 114 Cal. App. 5th 1268 (2025)
November 2025
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Newsletter
Supreme Court Saves (But Guts) Anti-Arbitration Statute
Hohenshelt v. Golden State Foods Corp., 18 Cal. 5th 310 (2025)
Employer Not Liable For Co-Worker’s Off-Duty Conduct, But Should Have Better Protected Employee
Kruitbosch v. Bakersfield Recovery Servs., Inc., 2025 WL 2600238 (Cal. Ct. App. 2025)
Attorney Sanctioned $10,000 For Citing Nonexistent, AI-Generated Legal Authority
Noland v. Land of the Free, L.P., 2025 WL 2629868 (Cal. Ct. App. 2025)
Ministerial Exception Barred Employee’sDiscrimination Claims
McMahon v. World Vision, Inc., 147 F.4th 959 (9th Cir. 2025)
City of Las Vegas Did Not Discriminate Against Employee Based On Her Race/Gender
Lister v. City of Las Vegas, 148 F.4th 690 (9th Cir. 2025)
Prevailing Employee’s Counsel Was Entitled To Attorney’s Fees of $4.9 Million
Bronshteyn v. Department of Consumer Affairs, 2025 WL 2658416 (Cal. Ct. App. 2025)
Supreme Court Clarifies Employer’s Good Faith Defense To Liquidated Damages Claim
Iloff v. LaPaille, 18 Cal. 5th 551 (2025)
Employer Properly Calculated Sick Leave For Exempt Employee
Hirdman v. Charter Commc’ns, LLC, 113 Cal. App. 5th 376 (2025)
Union Employee’s Wage/Hour Claims Were Not Preempted By Federal Law
Renteria-Hinojosa v. Sunsweet Growers, Inc., 2025 WL 2351203 (9th Cir. 2025)
September 2025
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Newsletter
Supreme Court Invalidates Heightened Evidentiary Standard For Majority-Group Plaintiffs
Ames v. Ohio Dep’t of Youth Servs., 605 U.S. ___, 145 S. Ct. 1540 (2025)
Employee’s Indirect Exposure To Harassing Conduct Supported $4 Million Verdict
Carranza v. City of Los Angeles, 111 Cal. App. 5th 388 (2025)
Employee Who Refused To Return To Work After COVID Was Not Disabled
Allos v. Poway Unified Sch. Dist., 2025 WL 1864797 (Cal. Ct. App. 2025)
Unsuccessful Whistleblower Was Not Entitled To Recover Attorney’s Fees
Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025)
Arbitration Agreement Was Unconscionable
Velarde v. Monroe Operations, LLC, 111 Cal. App. 5th 1009 (2025)
“Headless” PAGA Action May Proceed In Court
CRST Expedited, Inc. v. Superior Court, 2025 WL 1874891 (Cal. Ct. App. 2025)
Decertification Of Class Action Upheld
Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025)
Defendant Bore Risk Of Loss Due To Fraud When It Wired Settlement Proceeds To Imposter
Thomas v. Corbyn Restaurant Dev. Corp., 111 Cal. App. 5th 439 (2025)
July 2025
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Newsletter
Apple Studio’s Casting Decision Protected By The First Amendment
Sexton v. Apple Studios LLC, 110 Cal. App. 5th 183 (2025)
Judge’s “Extreme and Bizarre” Comments Result In Reversal Of $10 Million Verdict
Odom v. Los Angeles Cmty. Coll. Dist., 110 Cal. App. 5th 470 (2025)
Unsigned Contract Cannot Form Basis For Summary Judgment
De la Cruz v. Mission Hills Shopping Ctr. LLC, 2025 WL 1218040 (Cal. Ct. App. 2025)
Company’s President And CFO Are Liable For Filing Inaccurate Tax Forms
Nazaryan v. FemtoMetrix, Inc., 2025 WL 1177060 (Cal. Ct. App. 2025)
Plaintiffs Waived Right To Arbitrate By Litigating In Court
Hofer v. Boladian, 2025 WL 1354795 (Cal. Ct. App. 2025)
Federal Court Lacked Jurisdiction To Confirm Zero-Dollar Arbitration Award
Tesla Motors, Inc. v. Balan, 134 F.4th 558 (9th Cir. 2025)
Prospective Meal Period Waiver Is Enforceable
Bradsbery v. Vicar Operating, Inc., 110 Cal. App. 5th 899 (2025)
PAGA Plaintiff Must Have Viable Individual Claim To Represent Other Employees
Williams v. Alacrity Solutions Grp., LLC, 110 Cal. App. 5th 932 (2025)
May 2025
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Newsletter
$2.16 Million Defamation Verdict Is Voided On Appeal
Hearn v. Pacific Gas & Elec. Co., 108 Cal. App. 5th 301 (2025)
USPS Employee’s Hostile Work Environment Claim Can Proceed
Lui v. DeJoy, 129 F.4th 770 (9th Cir. 2025)
Employer Did Not Violate FEHA By Denying Employee Disability Retirement Benefits
Lowry v. Port San Luis Harbor Dist., 109 Cal. App. 5th 56 (2025)
Employee’s Attorney And Expert Witnesses Were Properly Disqualified For Use Of Employer’s Privileged Information
Johnson v. Department of Transp., 2025 WL 829714 (Cal. Ct. App. 2025)
Sexual Harassment Lawsuit Cannot Be Compelled To Arbitration
Casey v. Superior Court, 108 Cal. App. 5th 575 (2025)
Arbitration Agreement Was Not Substantively Unconscionable
Vo v. Technology Credit Union, 108 Cal. App. 5th 632 (2025)
FAA Does Not Preempt California Anti-Arbitration Statute
Colon-Perez v. Security Indus. Specialists, 108 Cal. App. 5th 575 (2025)
District Court Improperly Remanded Action That Was Removed Under CAFA
Perez v. Rose Hills Co., 2025 WL 811096 (9th Cir. 2025)
Employees Who Recovered $140,000 Were Entitled To $200,000 In Fees/Costs
Villalva v. Bombardier Mass Transit Corp., 108 Cal. App. 5th 211 (2025)
March 2025
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Newsletter
Plaintiff May Defeat Federal Question Removal With An Amendment To Complaint
Royal Canin USA v. Wullschleger, 604 U.S. ___, 2025 WL 96212 (2025)
Disability Discrimination Claims Were Properly Dismissed Though Invasion Of Privacy Claims Survive
Wentworth v. Regents of the Univ. of Cal., 105 Cal. App. 5th 580 (2024)
Lowest Standard Of Proof Applies To Employer’s Defense Against FLSA Claims
EMD Sales, Inc. v. Carrera, 604 U.S. ___, 2025 WL 96207 (2025)
Employee Is Not Entitled To New Trial After Jury Awards Her No Emotional Distress Damages
Howell v. State Dep’t of State Hosps., 107 Cal. App. 5th 143 (2024)
Employer Could Not Recover Costs Under CCP § 998 In Wage/Hour Case
Chavez v. California Collision, LLC, 107 Cal. App. 5th 298 (2024)
Surgeon’s Whistleblower Claim Was Properly Rejected
Slone v. El Centro Reg’l Med. Ctr., 106 Cal. App. 5th 1160 (2024)
Employment Claims Against Religious Institution Are Barred By The First Amendment
Markel v. Union of Orthodox Jewish Congregations of Am., 124 F.5th 796 (9th Cir. 2024)
Employee Cannot Avoid Arbitration With “Headless” PAGA Claim
Leeper v. Shipt, Inc., 2024 WL 5251619 (Cal. Ct. App. 2024)
Non-Parties To Arbitration Agreement May Compel Arbitration Based On Equitable Estoppel
Gonzalez v. Nowhere Beverly Hills LLC, 107 Cal. App. 5th 111 (2024)
Arbitration Agreement Was Unconscionable And Thus Unenforceable
Jenkins v. Dermatology Mgmt., LLC, 107 Cal. App. 5th 633 (2024)
Arbitrator’s Findings Barred SOX Claim Filed In Court
Hansen v. Musk, 122 F.4th 1162 (9th Cir. 2024)
January 2025
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Newsletter
Uber Not Liable For Injuries Caused By Off-Duty Driver
Kim v. Uber Techs., Inc., 105 Cal. App. 5th 252 (2024)
Solitary Sexual Harassment Claim Shields Entire Lawsuit From Arbitration
Liu v. Miniso Depot, Inc., 105 Cal. App. 5th 791 (2024)
Employer Did Not Discriminate/Retaliate Against Disabled Employee Absent From Work For More Than Four Years
Miller v. California Dep’t of Corr. & Rehab., 105 Cal. App. 5th 261 (2024)
Flight Attendant’s Discrimination Claims Should Not Have Been Dismissed
Wawrzenski v. United Airlines, Inc., 2024 WL 4750558 (Cal. Ct. App. 2024)
Manager’s Cross Claims Against Former Assistant Were Properly Dismissed
Osborne v. Pleasanton Auto. Co., 106 Cal. App. 5th 361 (2024)
Executive Order Mandating $15 Minimum Wage For Federal Contractors Violates Federal Law
Nebraska v. Su, 121 F.4th 1 (9th Cir. 2024)
PAGA Plaintiff Lost Standing Following Adverse Arbitration Award
Rodriguez v. Lawrence Eqpt., Inc., 2024 WL 4719479 (Cal. Ct. App. 2024)
Employer’s Attempt To Disqualify Judge Was Untimely
North Am. Title Co. v. Superior Court, 17 Cal. 5th 155 (2024)
Former COO Could Proceed With False Claims Act Lawsuit
Mooney v. Fife, 118 F.4th 1081 (9th Cir. 2024)
November 2024
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Newsletter
Co-Worker’s Single Use Of “N-Word” Can Create A Hostile Work Environment
Bailey v. San Francisco Dist. Attorney's Office, 16 Cal. 5th 611 (2024)
Co-Worker’s Social Media Posts Can Create A Hostile Work Environment
Okonowsky v. Garland, 109 F.4th 1166 (9th Cir. 2024)
Unions Lose Latest Attempt To Classify Uber/Lyft Drivers As Employees
Castellanos v. State of Cal., 16 Cal. 5th 588 (2024)
Termination Of Employment 56 Days After EEO Complaint Was Not Retaliatory
Kama v. Mayorkas, 107 F.4th 1054 (9th Cir. 2024)
Party To Contract May Assert Fraudulent Concealment Claim Under Certain Circumstances
Rattagan v. Uber Techs., Inc., 324 Cal. Rptr. 3d 433 (Cal. S. Ct. 2024)
Non-Compete Associated With Partial Sale Of Business Must Be “Reasonable” To Be Enforced
Samuelian v. Life Generations Healthcare, LLC, 104 Cal. App. 5th 331 (2024)
Former LA Times Columnist Was Properly Awarded $3.5 Million In Fees/Costs Following $1.25 Million Judgment
Simers v. Los Angeles Times Commc’s LLC, 104 Cal. App. 5th 940 (2024)
Discrimination Claim Of Worker Who Performed “Mostly Menial Work” For Buddhist Temple Was Barred
Behrend v. San Francisco Zen Ctr., Inc., 108 F.4th 765 (9th Cir. 2024)
PAGA Plaintiffs Did Not Have Standing To Intervene In Parallel Action Involving Overlapping Claims
Turrieta v. Lyft, Inc., 16 Cal. 5th 664 (2024)
Corporate Pilots Are Exempt From FLSA Overtime Pay
Kennedy v. Las Vegas Sands Corp., 110 F.4th 1136 (9th Cir. 2024)
September 2024