California Employee Leasing Case Law
Please find, below, selected case laws decided by Supreme Court of California or Court of Appeals of California where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Saelzler v. Advanced Group 400 - 5/31/2001
We granted review in this case to consider important issues concerning the liability of apartment owners and other business enterprises to persons injured on their premises by the criminal acts of others, a liability based solely on...
Jie v. Liang Tai Knitwear Co - 5/30/2001
CERTIFIED FOR PUBLICATION
Liang Tai Knitwear Co., Ltd. (Manufacturer) and Hong Yuan Industrial Co., Ltd. (Marketer) (collectively defendants) are in the garment business here in Los Angeles. Lou Yu Jie (Wife) and Fu E. Min...
Romo v. Y-3 Holdings - 3/20/2001
Certified for publication
APPEAL from a judgment of the Superior Court of Los Angeles County, Rose Hom, Judge. Affirmed.
Appellants Y-3 Holdings, Inc. and Merv York appeal from an order denying arbitration of a lawsuit...
Ordorica v. Workers ' Compensation Appeals Board - 3/14/2001
CERTIFIED FOR PUBLICATION
PROCEEDING to review a decision of the Workers' Compensation Appeals Board. Affirmed in part, annulled in part and remanded.
During the initial 30-day period of medical control by the employer...
Stewart v. Colonial Western Agency - 3/14/2001
CERTIFIED FOR PUBLICATION
Affirmed.
BACKGROUND
This is an appeal from an order imposing sanctions in the amount of $2,400 on appellant Colonial Western Agency, Inc.'s counsel.
The underlying matter involves a...
Bell v. Farmers Insurance Exchange - 3/5/2001
CERTIFIED FOR PUBLICATION
In this class action lawsuit to recover for nonpayment of overtime compensation, the defendant, Farmers Insurance Exchange (hereafter FIE), appeals an interim order awarding attorney fees, which was...
Pichly v. Nortech Waste LLC - 3/2/2001
As modified April 2, 2001. There is no change in the judgment. The petition for rehearing is denied. Ordered depublished June 20, 2001.
ALICE PICHLY ET AL., PLAINTIFFS AND RESPONDENTS, v. NORTECH WASTE LLC ET AL., DEFENDANTS AND...
Congress of California Seniors v. Catholic Healthcare West - 2/28/2001
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Victoria G. Cheney, Judge. Affirmed.
Hospitals, doctors and others who provide services to Medicare beneficiaries are reimbursed...
Niedle v. Workers ' Compensation Appeals Board - 2/27/2001
As modified March 15, 2001. There is no change in judgment.
ANTONETTE NIEDLE, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD, STATE OF CALIFORNIA; LA SALSA HOLDING COMPANY ET AL., RESPONDENTS.
(W.C.A.B. Nos. MON...
McCoy v. Superior Court of Orange County - 2/27/2001
As modified March 28, 2001. There is no change in the judgment. Ordered depublished June 20, 2001.
DAVID MCCOY, PETITIONER, v. THE SUPERIOR COURT OF ORANGE COUNTY, RESPONDENT; MARSHACK, SHULMAN & HODGES, REAL PARTY IN...
Esberg v. Union Oil Company of California - 2/27/2001
Appeal from a judgment of the Superior Court of Orange County, Raymond J. Ikola, Judge. Affirmed.
This lawsuit arose when Union Oil Company of California (UNOCAL) denied Dan Esberg, an employee then in his mid-50's, educational...
Van Ness v. Blue Cross of California - 2/27/2001
CERTIFIED FOR PUBLICATION
In 1991 appellant Richard Van Ness purchased health insurance from respondent Blue Cross of California under its prudent buyer program. That program established a two-tiered benefit schedule-the...
Currie v. Workers ' Compensation Appeals Board - 2/26/2001
In making an award of backpay under Labor Code section 132a to an employee wrongfully denied reinstatement because of an industrial injury, may the Workers' Compensation Appeals Board (WCAB) include prejudgment interest on the lost...
Waremart Foods v. United Food - 2/16/2001
CERTIFIED FOR PUBLICATION
COPY
APPEAL from a judgment of the Superior Court of Sacramento County. Honorable Joe S. Gray, Judge. Reversed.
Defendant United Food and Commercial Workers Local 588 (Union) appeals from an...
County of Riverside v. Nevitt - 2/14/2001
As modified March 7, 2001. There is no change in the judgment.
COUNTY OF RIVERSIDE, PLAINTIFF AND APPELLANT, v. LOUIS NEVITT, DEFENDANT AND RESPONDENT.
(Super.Ct.No. 385336DA)
Grover C. Trask, District Attorney,...
Holland v. Morse Diesel International - 2/13/2001
CERTIFIED FOR PUBLICATION
Business and Professions Code section 7031 bars unlicensed contractors from bringing suit to recover compensation for work requiring a license. In this case, we hold that an unlicensed contractor may...
In re Collins - 2/6/2001
CERTIFIED FOR PUBLICATION
INMATE Classified is in the business of publishing personal Web pages on the Internet for prison inmates who subscribe to its service. Each inmate's page includes an individual electronic (e-mail)...
Thompson v. Tracor Flight Systems - 2/2/2001
APPEAL from a judgment of the Superior Court of Kern County. Jon E. Stuebbe, Judge.
This is an appeal by Tracor Flight Systems, Inc., the defendant below, after judgment was entered against it in an action for wrongful...
State Compensation Insurance Fund v. Superior Court of Orange County - 2/1/2001
The issue in this case is whether a workers' compensation insurer is immune from civil liability under Insurance Code section 11758 for allegedly misallocating an insured employer's expenses and reporting that misinformation to a...
Camargo v. California Portland Cement Co. - 1/31/2001
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of San Joaquin County. Honorable Carter Holley, Judge. Affirmed in part and reversed in part.
Plaintiff Pamela T. Camargo was a member of a...
Silo v. CHW Medical Foundation - 1/31/2001
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Sacramento County. Faith Geoghegan, Judge. Reversed in part and affirmed in part.
Defendants CHW Medical Foundation, Mary King, and Ruth Ann Lewis...
Tognazzini v. San Luis Coastal Unified School Dist. - 1/31/2001
CERTIFIED FOR PUBLICATION
By statute, the state has mandated that all non-certificated school district employees be fingerprinted. (Ed. Code, § 45125.) In conformity with the mandate, the school district tells its employee to...
Sims v. Charness - 1/30/2001
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Los Angeles County, Stephen D. Petersen, Judge. Affirmed.
Defendant and appellant Fred M. Charness (Charness) appeals a judgment in favor...
Kinney v. CSB Construction - 1/30/2001
As amended February 26, 2001. This opinion was originally certified for publication. For good cause, pursuant to California Rules of Court, rules 976(b) and 976.1, the court now orders this opinion be certified for publication with the...
Conley v. Roman Catholic Archbishop of San Francisco - 12/29/2000
CERTIFIED FOR PUBLICATION
The trial court sustained a demurrer to the complaint of the Reverend John P. Conley (appellant) without leave to amend. Appellant contends that the trial court erred in finding that the complaint...
Margolin v. Shemaria - 12/21/2000
CERTIFIED FOR PARTIAL PUBLICATION* *Pursuant to California Rules of Court, rules 976 (b) and 976.1, this opinion is certified for publication with the exception of part II.
APPEAL from a judgment and an order of the Superior...
D'Sa v. Playhut - 12/21/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County. Marvin Lager, Judge. Reversed and remanded.
Plaintiff, Richard D'Sa ("plaintiff") appeals from a summary judgment entered in...
East Bay Asian Local Development Corp. v. State - 12/21/2000
This case presents issues arising under the establishment clause of the First Amendment to the United States Constitution, and under article I, section 4 and article XVI, section 5 of the California Constitution. The question on...
Pinedo v. Premium Tobacco - 12/19/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, L.C. Nunley, Judge. Affirmed and Denied.
In Armendariz v. Foundation Psychcare Services, Inc. (2000) 24 Cal.4th 83 (Armendariz),...
Waremart - 12/18/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Butte County. Roger Gilbert, Judge.
Affirmed.
We publish this case primarily to deal with some pesky dictum in one of our prior opinions. (Bank...
City of Martinez v. Workers ' Compensation Appeals Board - 12/15/2000
CERTIFIED FOR PARTIAL PUBLICATION
[PUBLISHED PART]
In this case we hold that a municipality cannot invoke former Government Code section 21025.4 (hereafter Government Code section 21164) to retire a police officer without...
Damon v. Ocean Hills Journalism Club - 12/13/2000
CERTIFIED FOR PARTIAL PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, Michael M. Anello, Judge. Affirmed.
Dennis E. Damon, a former manager of a homeowners association, brought a defamation...
Gardenhire v. Housing Authority Of The City Of Los Angeles - 12/5/2000
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Dunn, Judge. Affirmed.
Respondent Margaret Gardenhire prevailed in a claim against her employer, appellant...
Jensen v. Wells Fargo Bank - 12/5/2000
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Los Angeles County, Haley J. Fromholz, Judge. Affirmed in part, reversed in part and remanded.
Respondent Wells Fargo Bank obtained...
Morgan v. Regents of the University of California - 11/30/2000
Adolphus Ray Morgan appeals from a summary judgment granted in favor of the Regents of the University of California (University) in his employment discrimination action. He contends the trial court erred in granting summary judgment...
Shaw v. Hughes Aircraft Company - 9/29/2000
As modified October 19, 2000. There is no change in the judgment.
GARRETH E. SHAW, PLAINTIFF AND RESPONDENT, V. HUGHES AIRCRAFT COMPANY, DEFENDANT AND APPELLANT
(Super. Ct. No. 743368)
Quinn Emanuel Urquhart &...
Carpenters Health & Welfare Trust Fund for California v. McCracken - 9/29/2000
CERTIFIED FOR PUBLICATION
In this opinion, we consider whether the federal Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.) preempts a common law cause of action by an ERISA fiduciary against an...
United Farm Workers of America v. Dutra Farms - 9/27/2000
As modified October 25, 2000. There is no change in judgement. The petition for rehearing is denied.
UNITED FARM WORKERS OF AMERICA, AFL-CIO, ET AL., PLAINTIFFS AND RESPONDENTS, V. DUTRA FARMS ET AL., DEFENDANTS AND APPELLANTS. ...
Victor Valley Transit Authority v. Workers ' Compensation Appeals Board - 9/26/2000
As modified October 11, 2000. There is no change in judgment.
VICTOR VALLEY TRANSIT AUTHORITY, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND JAMES SOPHY, RESPONDENTS. COUNTY OF SAN BERNARDINO, PETITIONER, v. WORKERS'...
Johnson v. City of Loma Linda - 8/24/2000
In Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465, 484, we held that unless a party to a quasi-judicial administrative agency proceeding challenges the adverse findings made in that proceeding, by means of a mandate...
Bonds v. Bonds - 8/21/2000
In this case we consider whether appellant Susann (known as Sun) Bonds voluntarily entered into a premarital agreement with respondent Barry Bonds. We conclude that the Court of Appeal erred in determining that because Sun, unlike...
Post v. Palo/Haklar & Associates - 8/3/2000
After conducting an administrative hearing on a wage claim brought by respondent herein, Jonathan Vos Post (hereafter Post), the Labor Commissioner (hereafter commissioner) served the parties with a notice of dismissal, on the ground...
Bell v. Vista Unified School District - 6/27/2000
As amended July 27, 2000
APPEAL from a judgment of the Superior Court of San Diego County, J. Richard Haden, Judge. Affirmed in part; reversed in part with directions.
Vista Unified School District, Rancho Buena Vista High...
Pearl v. Workers ' Compensation Appeals Board - 6/26/2000
CERTIFIED FOR PUBLICATION
Proceeding on issuance of writ of review regarding decision of the Workers' Compensation Appeals Board. The petition is denied.
The Public Employees' Retirement Board (PERB) awarded petitioner...
Maranian v. Workers ' Compensation Appeals Board - 6/26/2000
CERTIFIED FOR PARTIAL PUBLICATION
ORIGINAL PROCEEDING; petition for writ of review.
In the published portion of this opinion we consider whether an order by the Workers' Compensation Appeals Board (WCAB or Board) on...
Galanty v. Paul Revere Life Insurance Company - 6/19/2000
Ct. App. 2/1 B113007
We granted review to consider the effect of a standard incontestability clause that the Insurance Code requires policies of disability insurance to include. (Ins. Code, §§ 10350, 10350.2; except as noted, all...
Sacramento County Office of Education v. Workers ' Compensation Appeals Board - 6/12/2000
Applicant Candace DeBoard, a teacher's aide, accidentally stepped into a hole, injuring her neck, back, leg and head. DeBoard participated in vocational rehabilitation plans but sought an interruption in rehabilitation because of a...
Luque v. Herrera - 6/12/2000
CERTIFIED FOR PUBLICATION
An employee was injured in an automobile accident while driving in the course and scope of his employment. The employee's attorney obtained a settlement from a third party tortfeasor. The employer's...
Culligan v. State Compensation Insurance Fund - 6/8/2000
CERTIFIED FOR PARTIAL PUBLICATION *
[PUBLISHED PART]
This is an appeal by plaintiffs from a judgment for defendant State Compensation Insurance Fund (State Fund) entered after the superior court granted summary judgment....
Cano v. Workers Compensation Appeals Board - 6/5/2000
CERTIFIED FOR PUBLICATION
Proceedings to review a decision of the Workers' Compensation Appeals Board. Decision annulled and matter remanded for further proceedings.
Petitioner Juan Cano, employed as a mechanic and truck...
Cortez v. Purolater Air Filtration Products Company - 6/5/2000
In this matter, a companion to Kraus v. Trinity Management Services, Inc. (June 5, 2000, S064870) __ Cal.4th __ (Kraus), we address additional issues arising out of a representative action brought under the unfair competition law...
Kraus v. Trinity Management Services - 6/5/2000
We are asked to decide whether, in an action that is not certified as a class action, but is brought on behalf of absent persons by a private party under the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), the...
O'Brien v. Jones - 6/1/2000
From the creation of the State Bar Court in 1988 until the present, Business and Professions Code sections 6079.1, subdivision (a), and 6086.65, subdivision (a), have provided that this court appoints all judges of the State Bar Court....
Asmus v. Pacific Bell - 6/1/2000
We granted the request of the Ninth Circuit Court of Appeals for an answer to the following certified question of law under rule 29.5 of the California Rules of Court: "Once an employer's unilaterally adopted policy-which requires...
Rakestraw v. California Physicians' Service - 5/31/2000
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Los Angeles County. Bruce Mitchell, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
I. INTRODUCTION
This appeal...
Walt Rankin & Associates - 5/24/2000
APPEAL from the Superior Court of Riverside County. Victor L. Miceli, Judge. Reversed.
In an action by a subcontractor for negligent breach of a mandatory duty against the City of Murrieta ("City"), the trial court entered...
Marlene M. v. Superior Court of Los Angeles County - 5/22/2000
ORIGINAL PROCEEDINGS in extraordinary writ. Daniel Zeke Zeidler, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Petition denied.
Petitioner, Marlene M., mother of Michael M., petitions for relief from denial of family...
TENET v. Rushing - 5/18/2000
CERTIFIED FOR PUBLICATION
ORIGINAL proceeding on Writ of Review. Writ granted and matter remanded.
INTRODUCTION
Employer, Centinela Hospital & Medical Center (the hospital), seeks a writ of review directing the...
Balasubramanian v. San Diego Community College District - 5/17/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, Charles R. Hayes, Judge. Affirmed.
Plaintiff Kamala Balasubramanian appeals a judgment in favor of defendants San Diego Community...
Kelly v. Methodist Hospital of Southern California - 5/11/2000
The Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) bars discrimination by employers on several enumerated bases. Under section 12926, subdivision (d) (the religious-entity exemption), the term "employer"...
Old Republic Insurance Company v. FSR Brokerage - 5/4/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Jan A. Pluim, Judge. Reversed with directions and remanded.
Following a bench trial, the trial court concluded that appellant Old...
California Apartment Association v. City of Stockton - 5/4/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of San Joaquin County. B. W. McNatt, Judge. Reversed.
Plaintiffs California Apartment Association and San Joaquin County Property Owners Association...
99 Cents Only Stores v. Workers ' Compensation Appeals Board - 5/3/2000
CERTIFIED FOR PUBLICATION
PROCEEDING to review a decision of the Workers' Compensation Appeals Board. Annulled and remanded.
INTRODUCTION
The Workers' Compensation Appeals Board (WCAB) awarded attorney's fees to a law...
Waters v. Workers ' Compensation Appeals Board - 5/3/2000
CERTIFIED FOR PUBLICATION
PROCEEDING to review a decision of the Workers' Compensation Appeals Board. Reversed and remanded.
A workers' compensation judge (WCJ) imposed a 10 percent increase or penalty on T. J. Waters'...
Spitzer v. Good Guys - 5/1/2000
Certified for Partial Publication
As amended 5/29/00. The opinion of this court filed May 1, 2000 is ordered certified for publication with the exception of parts IV and V.
Susan Spitzer appeals from the grant of summary...
Provost v. Superior Court of Los Angeles County - 5/1/2000
CERTIFIED FOR PUBLICATION
ORIGINAL PROCEEDING. Publication request denied.
Real Parties in Interest and defendants, Aetna U.S. Healthcare Inc. and Aetna U.S. Healthcare of California, have filed a request for publication of...
Vo v. Las Virgenes Municipal Water District - 3/28/2000
CERTIFIED FOR PUBLICATION
APPEAL from an order of the Superior Court of Los Angeles County. Harvey A. Schneider, Judge. Affirmed.
I. Introduction
Defendant, Las Virgenes Municipal Water District, appeals from an order...
Kim v. Regents of the University of California - 3/27/2000
This appeal comes to us from a judgment of dismissal following the sustaining of a demurrer without leave to amend on a third amended complaint for "wrongful termination and failure to pay overtime." We affirm the judgment.
I....
Kuykendall v. Workers ' Compensation Appeals Board - 3/27/2000
CERTIFIED FOR PUBLICATION
I. INTRODUCTION
John Kuykendall (Kuykendall) seeks a writ of review after the Workers' Compensation Appeals Board (Board) reversed the workers' compensation administrative law judge (WCJ) and...
Morillion v. Royal Packing Company - 3/27/2000
As modified May 10, 2000. There is no change in the judgment.
The general question presented in this case is whether an employer that requires its employees to travel to a work site on its buses must compensate the employees for...
Bell v. Public Utilities Commission - 3/23/2000
CERTIFIED FOR PUBLICATION
This petition for writ of review, one of the first presented to the Court of Appeal under jurisdiction recently established by Public Utilities Code section 1756, raises an important issue of appellate...
Hunt Building Corporation v. Bernick - 3/21/2000
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of San Diego County, S. Charles Wickersham, Judge. Reversed.
Hunt Building Corporation (Hunt) sued Ray Remy, Director of the California Employment...
Twentieth Century Fox Film Corporation - 3/21/2000
ORIGINAL PROCEEDING; application for a writ of mandate or other appropriate relief. Dismissed.
We issued an alternative writ to review denial of a motion brought by petitioner, Twentieth Century Fox Film Corporation (petitioner),...
FirstAmerica Automotive - 3/16/2000
In this appeal we decide whether an employee's claim for unpaid wages should be heard by an arbitrator or by California's Labor Commissioner. The employer and employee agreed to submit all disputes arising from their employment...
Boicourt v. Amex Assurance Company - 3/15/2000
Appeal from a judgment of the Superior Court of Orange County, Robert J. Polis, Judge. Reversed.
No less an authority on insurance law than John Alan Appleman declared 40 years ago that a liability insurer "is playing with...
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