Court of Appeals rules homeowners may recover attorney fees from subcontractors under third party beneficiary theory.In LoDuca v. Polyzos, published in the Daily Appellate Record on July 18, 2007, the Court of Appeals awarded attorney fees to a homeowner in a breach...
Month: October 2010
California Appellate Court Imposes Federal Standard of “Extreme Care” Upon Commercial Vehicles Operating in Hazardous Conditions
In the recent case of Weaver v. Chavez, 133 Cal. App. 4th 1350, the Second Appellate District of California found that a Plaintiff alleging personal injuries as a result of an accident with a commercial vehicle traveling in hazardous weather conditions was entitled to...
The New FMLA Regulations
On November 17, 2008, the U.S. Department of Labor's Wage and Hour Division issued the final regulations of the federal Family Medical Leave Act (FMLA) which went into effect on January 16, 2009. The new regulations clarify and make numerous changes to the original...
“Hostile Work Environment”: Moakler v. County of Orange
Appellate Court addresses what constitutes a hostile work environment, specifically the requirement that the conduct be "continuous and pervasive." Facts Pamela Moakler, the Executive Director of the Office of Aging filed suit against her former employer, the County...
Expectation of Privacy in Employee Offices: Hernandez v. Hillsides, Inc.
On September 2006, the California Second District Appellate Court reversed and remanded a lower court grant of summary judgment in an action brought by employee whose employer installed video camera surveillance equipment unannounced in her office to try to catch...
Contractor Licensing: Wright v. Issak
A California Appeals Court recently held that an unlicensed contractor denied workers' compensation insurance for underreported payroll may not sue for unpaid work. In this case, the plaintiff contractor Laurence Wright filed a collection action for unpaid work...
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