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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Mardesich v. California Youthful Offender Parole Board - 2/16/1999
CERTIFIED FOR PUBLICATION
Destinni Ann Mardesich appeals the summary denial of her petition for writ of administrative mandamus which challenged an order of the Youthful Offender Parole Board (Board) returning her from the...
Monterey Plaza Hotel v. Hotel Employees & Restaurant Employees Local 483 - 2/4/1999
Filed 1/8/99; pub. order and mod. filed 2/4/99 (see end of opn.)
CERTIFIED FOR PUBLICATION IN THE OFFICIAL REPORTS
Plaintiff The Monterey Plaza Hotel appeals from a judgment in favor of defendants Hotel Employees &...
East Bay Asian Local Development Corp. v. State - 2/4/1999
CERTIFIED FOR PUBLICATION
APPEAL from the judgment of the Superior Court of Sacramento County, Joe S. Gray, Judge. Reversed and remanded with directions.
We consider whether a statutory exemption from local landmark...
Terry Drain v. Betz Laboratories Inc. - 2/3/1999
CERTIFIED FOR PARTIAL PUBLICATION *
APPEAL from a judgment of the Superior Court of Los Angeles County, Victoria M. Chavez, Judge. Affirmed.
This case involves claims for racial harassment and wrongful termination by...
County of Sacramento v. Workers '' Compensation Appeals Board - 1/28/1999
CERTIFIED FOR PUBLICATION
copy
PETITION FOR REVIEW of the decision of the Workers' Compensation Appeals Board, Robert T. Thiessen, WCAB Judge. Annulled and Remanded with directions.
Petitioner, The County of...
National Union Fire Insurance Co. v. Nationwide Insurance Co. - 1/28/1999
Appeal from a judgment of the Superior Court of Orange County, James J. Alfano, Sr., Judge. Affirmed.
An employee of a plumbing subcontractor slipped and fell during a punch list inspection on a high-rise construction project....
Peatros v. Bank of America NT&SA; 68 Cal.App.4th 1284 - 12/31/1998
CERTIFIED FOR PUBLICATION
This case presents questions of law concerning the preemptive effect of the National Bank Act on state court employment actions, where the plaintiff-employee is a bank officer. Long-standing California...
Bourgeois v. FirePlace Manufacturers - 12/22/1998
Appeal from a judgment of the Superior Court of Orange County, Robert J. Polis, Judge. Affirmed.
Larry Le Bourgeois appeals from a summary judgment in favor of his former employer, Fireplace Manufacturers, Inc. (FMI) and...
Gonzales v. Workers '' Compensation Appeal Board - 12/22/1998
CERTIFIED FOR PUBLICATION
ORIGINAL PROCEEDINGS; application for writ of review. Writ denied.
The Workers' Compensation Appeals Board (WCAB) adopted the findings of its referee that Connie Gonzales is not entitled to...
Henry v. Workers '' Compensation Appeals Board - 12/18/1998
CERTIFIED FOR PUBLICATION
Proceeding on issuance of writ of review regarding decision of the Workers' Compensation Appeals Board. The petition is denied.
Under Labor Code section 4644, subdivision (a)(6)(B), the liability...
Laird v. Capital Cities/ABC Inc. - 12/15/1998
CERTIFIED FOR PUBLICATION COPY
APPEAL from a judgment of the Superior Court of Sacramento County. John R. Lewis, Judge. Affirmed.
Plaintiff Anne Laird was terminated from her sales position with The PennySaver, a...
LeVine v. Weis - 12/14/1998
CERTIFIED FOR PARTIAL PUBLICATION *
OPINION ON REHEARING
A public school teacher brought an action alleging wrongful termination and breach of contract. The trial court granted summary adjudication in favor of the...
In re Marriage of Rocha - 12/9/1998
APPEAL from the Superior Court of San Bernardino County. Michael Torchia, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed.
After Andria Rocha (wife) filed an order to show cause regarding an increase in...
Joel v. Valley Surgical Center - 12/4/1998
CERTIFIED FOR PUBLICATION
I.
Introduction
Appellants Mannie Joel, M.D. and his medical corporation (Dr. Joel) appeal the dismissal by demurrer of their case against Valley Surgical Center and individual defendants...
Armendariz v. Foundation Health Psychcare Services Inc. - 12/4/1998
CERTIFIED FOR PUBLICATION
Foundation Health Psychcare Services, Inc. (hereafter employer) appeals from an order denying its motion to compel arbitration of the claims asserted by two former female employees, Marybeth Armendariz...
Serafini v. Superior Court of El Dorado County - 11/30/1998
CERTIFIED FOR PARTIAL PUBLICATION
(Super. Ct. No. PV-003060)
ORIGINAL PROCEEDING; application for a writ of mandate. Writ Issued.
This is an original proceeding in mandate to command the superior court to quash the...
Cabesuela v. Browning-Ferris Industries of California Inc. - 11/30/1998
Filed 10/27/98
(Santa Clara County Super.Ct.No. CV756890)
After the demurrer of defendants Browning-Ferris Industries of California, Inc. (Browning-Ferris) and Lynne Ashcraft (Ashcraft) to plaintiff Lupe Cabesuela's first...
Kelley v. Vons Comp. Inc. - 11/23/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. SM90614)
(Santa Barbara County)
John Kelly and 27 other individual plaintiffs (appellants) appeal a summary judgment in favor of respondent Vons Companies, Inc. (Vons). Here...
Siegel v. Prudential Insurance Company - 11/20/1998
CERTIFIED FOR PARTIAL PUBLICATION *
Super. Ct. No. LS006830
APPEAL from judgments of the Superior Court of Los Angeles County, Thomas Schneider, Judge. Affirmed.
I.
Introduction
Defendants, The Prudential...
Haywood v. American River Fire Protection District - 11/20/1998
CERTIFIED FOR PARTIAL PUBLICATION *
Super.Ct.No. 95CS02112
APPEAL from a judgment of the Superior Court of Sacramento County, Roger K. Warren, Judge. Reversed.
Anthony Haywood's employment with American River Fire...
Lo v. Superior Court of Los Angeles County - 11/13/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC 177356)
(David H. Brickner, Judge of the Orange Co. Super. Ct. assigned by the Chief Justice.)
ORIGINAL PROCEEDING; petition for writ of mandate. Granted with directions. ...
Neel v. Workers '' Compensation Appeals Board - 11/9/1998
CERTIFIED FOR PUBLICATION
(W.C.A.B. No. SBA 58928)
Proceeding to review a decision of the Workers' Compensation Appeals Board. Annulled and remanded.
Petitioner, Regina Neel, sustained a cumulative injury to her neck,...
McKeon v. Mercy Healthcare - 11/9/1998
Ct. App. 3 C020423
Sacramento County Super. Ct. No. CV540585
The California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (FEHA) generally prohibits work-related discrimination by employers. FEHA exempts...
Rosas v. Dishong - 11/4/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. N65052)
APPEAL from a judgment of the Superior Court of San Diego County, Herbert B. Hoffman, Judge. Reversed.
Homeowners Von Lee G. and Janet M. Dishong (the Dishongs) appeal...
Lavelle v. Bankamerica Corp. - 9/29/1998
CERTIFIED FOR PARTIAL PUBLICATION
(San Francisco County Super. Ct. No. 968512)
Plaintiff Nancy Lavelle sued BankAmerica Corporation (BAC), Bank of America National Trust and Savings Association (Bank of America), and her...
Fairmont Insurance Co. v. Superior Court - 9/29/1998
CERTIFIED FOR PUBLICATION
(Super.Ct.No. I 55576)
ORIGINAL PROCEEDINGS; Petition for writ of mandate, Riverside Superior Court. Lawrence W. Fry, Judge. Petition granted.
We hold that following the reversal of the...
24 Hour Fitness Inc. v. Superior Court of Sonoma County - 9/28/1998
CERTIFIED FOR PUBLICATION
Sonoma County
The case revolves around an issue of first impression: may a plaintiff who sues multiple defendants avoid summary judgment against all by establishing that at least some defendants do...
Kaiser Foundation Hospitals v. Superior Court of San Mateo County - 9/28/1998
(Super. Ct. No. 401747)
In this sex discrimination and sexual harassment action, petitioners Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., and the Permanente Medical Group, Inc., (hereafter referred to...
Keulen v. Workers '' Compensation Appeals Board - 9/23/1998
CERTIFIED FOR PUBLICATION
(WCAB No. GRO 17161)
Proceeding to review a decision of the Workers' Compensation Appeals Board. Annulled and remanded with directions.
In workers' compensation proceedings, Labor Code...
Edward Fineman Co. v. Superior Court of Los Angeles County - 9/23/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC174101) (William C. Beverly, Judge)
ORIGINAL PROCEEDING; application for a writ of mandate. Writ denied.
In the present matter we review the trial court's order of summary...
Palmer v. Truck Insurance Exchange - 9/16/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC132854)
APPEAL from a judgment of the Superior Court of Los Angeles County, Fumiko Wasserman, Judge. Affirmed in part, reversed in part.
This is an insurance dispute arising...
Johnson v. City of Loma Linda - 9/15/1998
CERTIFIED FOR PARTIAL PUBLICATION
(Super.Ct.No. SCV22266)
APPEAL from the Superior Court of San Bernardino County. Walter L. Blackwell, Judge. Affirmed in part and reversed in part.
In Westlake Community Hosp. v....
Richmond v. A.P. Green Industries Inc. - 9/15/1998
CERTIFIED FOR PARTIAL PUBLICATION
(San Francisco County Super. Ct. No. 964313)
Defendants/appellants A.P. Green Industries, Inc. (Green), and Flexitallic, Inc. (Flexitallic), appeal a judgment by jury trial awarding...
Gapusan v. Jay - 9/9/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. EC 011283)
APPEAL from a judgment of the Superior Court of San Diego County, Harrison R. Hollywood, Judge. Reversed with directions.
In this personal injury action, City of...
Mechanical Contractors Association of Northern California v. Greater Bay Area Association of Plumbing and Mechanical Contractors - 9/8/1998
CERTIFIED FOR PARTIAL PUBLICATION *
San Mateo County (Super. Ct. No. 394184)
This is an action for breach of contract and declaratory relief brought by appellant Mechanical Contractors Association of Northern California...
Preferred Risk Mutual Insurance Co. v. Reiswig - 9/2/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. SM102377) (Santa Barbara County)
Here we hold that Code of Civil Procedure section 364, which requires a plaintiff to give notice of intent to sue before filing an action for...
Downey Venture v. Lmi Insurance Co. - 9/1/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC125733)
APPEAL from a judgment and order of the Superior Court of Los Angeles County.
Ricardo Torres, Judge. Judgment affirmed, order reversed and remanded with directions. ...
Rosales v. Thermex-Thermatron Inc. - 8/31/1998
CERTIFIED FOR PUBLICATION
(Ventura County)
In this product liability case, judgment was awarded to plaintiff for injuries she suffered from a product manufactured by defendant's corporate predecessor 24 years earlier....
Green v. Ralee Engineering Co. - 8/31/1998
Los Angeles County Super. Ct. No.
KC008777
May administrative regulations be a source of fundamental public policy that limits an employer's right to discharge an otherwise at-will employee? Although our Legislature has...
State Compensation Insurance Fund v. Workers '' Compensation Appeals Board - 8/28/1998
Pub. Order Filed 9/22/98 (see end of opn.)
(W.C.A.B. No. PAS00135)
PROCEEDING to review a decision of the Workers' Compensation Appeals Board. Annulled and remanded.
INTRODUCTION
Mario Chacon entered into a...
Yamaha Corp. v. State Board of Equalization - 8/27/1998
Ct. App. 2/3 B095911 Los Angeles County Super.Ct.No. bc 079 444
For more than 40 years, the State Board of Equalization (Board) has made available for publication as the Business Taxes Law Guide summaries of opinions by its...
Tensfeldt v. Workers '' Compensation Appeals Board - 8/20/1998
CERTIFIED FOR PUBLICATION
WCAB No. SF0 0375055
Petitioner Gary Tensfeldt (Tensfeldt) was convicted of insurance fraud under Insurance Code section 1871.4, subdivision (a)(1), for lying about the circumstances of an alleged...
Avalon Bay Foods v. Workers '' Compensation Appeals Board - 8/20/1998
(W.C.A.B. No. RDG68691)
In this matter, an injured employee sought a penalty against his workers' compensation insurance carrier, contending that it unreasonably delayed payment of his medical treatment transportation benefits....
State Compensation Insurance Fund v. Workers '' Compensation Appeals Board - 8/20/1998
Labor Code section 5814 states in pertinent part that " hen payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the full amount of the order, decision or award...
Hind v. Superior Court for City and County of San Francisco - 8/17/1998
CERTIFIED FOR PUBLICATION
San Francisco Superior Court No. 979172
Petitioner Pilkington Barnes Hind (PBH), a firm which manufactures and markets contact lenses, hired real party in interest John Visbal as a managerial...
State v. Department of Corrections - 8/14/1998
(Super.Ct.No. RCV-14935)
APPEAL from the Superior Court of San Bernardino County. Ben T. Kayashima, Judge. Affirmed in part and reversed in part.
Maryann Carrisales and Dave Selkirk were co-workers employed by the...
Tudor Ranches Inc. v. State Compensation Insurance Fund - 8/11/1998
CERTIFIED FOR PARTIAL PUBLICATION
(Super.Ct.No. 212065)
APPEAL from the Superior Court of Riverside County. Gloria Connor Trask, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Tudor Ranches,...
Broadman v. Commission on Judicial Performance - 8/10/1998
A Judge may be disciplined for (1) willful misconduct in office, (2) persistent failure or inability to perform judicial duties, (3) habitual intemperance in the use of intoxicants or drugs, or (4) conduct prejudicial to the...
Harris v. Civil Service Commission - 8/5/1998
CERTIFIED FOR PUBLICATION
SEE CONCURRING AND DISSENTING IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
This action is based on a claimed violation of the California Fair Employment and Housing Act (Gov. Code, § 12900 et...
F & L Farm Co. v. City Council - 8/4/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. 122572)
APPEAL from a judgment of the Superior Court of Tulare County. Patrick J. O'Hara, Judge.
When a city in California has deprived California residents of...
Costa v. Workers '' Compensation Appeals Board - 7/30/1998
CERTIFIED FOR PUBLICATION
(WCAB Case No. AHM0053703)
Petition for writ of review from a decision of the Workers' Compensation Appeals Board. Order affirmed.
We granted petitioner Tony Costa's writ of review to decide...
Crookall v. Davis - 7/29/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC130856)
APPEAL from a judgment of the Los Angeles Superior Court, Edward M. Ross, Judge. Reversed.
Charles E. Crookall appeals from summary judgment entered in favor of his...
M/A Com-Phi v. Workers Compensation Appeals Board - 7/29/1998
CERTIFIED FOR PUBLICATION
(W.C.A.B. No.VNO 298978)
Proceeding to review a decision of the workers' Compensation Appeals Board. Annulled and remanded.
Avedis Sevadjian admittedly sustained electrical shock and injury...
Murillo v. Rite Stuff Foods Inc. - 6/30/1998
order filed 7/23/98 (see end of opn.)
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC141851)
APPEAL from a judgment of the Superior Court of Los Angeles County, James Allen Bascue, Judge. Reversed.
INTRODUCTION ...
Broughton v. CIGNA Healthplans of California - 6/30/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC117680)
APPEAL from an order of the Los Angeles Superior Court, Ronald E. Cappai, Judge. Affirmed.
In this appeal we are asked to determine whether an arbitration clause in...
Johnson v. Workers '' Compensation Appeals Board - 6/29/1998
CERTIFIED FOR PUBLICATION
(W.C.A.B. No. LBO 202749)
REVIEW of an award of the Workers' Compensation Appeals Board. Annulled.
Raymond Johnson filed a petition for writ of review asking us to determine whether he should...
Silva v. Lucky Stores Inc. - 6/29/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. 34663)
APPEAL from a judgment of the Superior Court of Stanislaus County. Hugh Rose III, Judge.
John Silva (Silva) appeals from the judgment entered after the court granted...
Edgar v. Workers '' Compensation Appeals Board - 6/24/1998
CERTIFIED FOR PUBLICATION
(WCAB Nos. SBR233166, SBR233172, and SBR233173)
Petition for review of a decision of respondent Workers' Compensation Appeals Board following reconsideration. Review granted. The order rescinding...
Baumohl v. FHP Inc. - 6/24/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. BC106488)
APPEAL from a judgment of the Superior Court of Los Angeles County. Reginald A. Dunn, Judge. Reversed and remanded with directions.
This is a case about due process...
Kazensky v. City of Merced - 6/24/1998
CERTIFIED FOR PUBLICATION
(Super. Ct. No. 133319)
APPEAL from a judgment of the Superior Court of Merced County. William T. Ivey, Judge.
INTRODUCTION
It has long been the rule that " he penalty imposed by an...
Bakersfield v. Workers '' Compensation Appeals Board - 6/18/1998
CERTIFIED FOR PARTIAL PUBLICATION *
(WCAB Nos. BAK 119527 & 1195280)
ORIGINAL PROCEEDING; petition for writ of review.
Respondent Isaias Arguelles (Arguelles) worked as a general laborer for petitioner Dole Fresh...
Ortega v. Pajaro Valley Unified School District - 6/12/1998
CERTIFIED FOR PUBLICATION
(Monterey County Super. Ct. No. 97555)
A teacher employed by defendant Pajaro Valley Unified School District (District) sexually molested a student, plaintiff Mona Lisa Ortega (Mona Lisa), in 1986....
Cortez v. Purolator Air Filtration Products Co. - 6/10/1998
SEE CONCURRING
CERTIFIED FOR PUBLICATION
(Sonoma County Super. Ct. No. 206318)
These consolidated appeals follow the trial of claims arising from a failure to pay overtime wages. Rosalba Cortez (Cortez) sued Purolator...
Kolani v. Gluska - 6/1/1998
CERTIFIED FOR PUBLICATION
SUMMARY
A broad covenant not to compete cannot be saved from illegality by narrowed construction. A federal statute requires that pendent state claims first asserted in a federal suit must be...
City of Richmond v. Commission on State Mandates - 5/28/1998
Filed 5/28/98 Ordered published
6/16/98 (order attached)
(Super. Ct. No. 96CS03417)
Chapter 478 of the Statutes of 1989 (chapter 478/89) amended Labor Code section 4707 to eliminate local safety members of the Public...
Wood v. Workers '' Compensation Appeals Board - 5/20/1998
CERTIFIED FOR PUBLICATION
(WCAB Nos. VEN 91695, 90883)
(Ventura County)
Proceeding to review a decision of the Workers' Compensation Appeals Board. Annulled and remanded.
A physician in a workers' compensation...
Terry Drain v. Betz Laboratories Inc. - 5/13/1998
CERTIFIED FOR PARTIAL PUBLICATION*
APPEAL from a judgment of the Superior Court of Los Angeles County, Victoria M. Chavez, Judge. Affirmed.
*Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is...
Guthrey v. State - 5/11/1998
CERTIFIED FOR PARTIAL PUBLICATION
APPEAL from a judgment of the Superior Court of Tuolumne County. Eric L. Du Temple and William G. Polley, Judge.
Anyone who has ever worked in an office or, for that matter, been a school...
Bell v. State - 5/6/1998
CERTIFIED FOR PUBLICATION
APPEAL from a judgment of the Superior Court of Los Angeles County, Candace D. Cooper, Judge. Affirmed.
Respondent was arrested by mistake; he was not the person sought under an arrest warrant. He...
Galloway v. Workers '' Compensation Appeals Board - 5/5/1998
CERTIFIED FOR PUBLICATION
Petition for Writ of Review granted.
Michael Galloway petitions for a writ of review following the grant of a petition for reconsideration that was decided in favor of respondent Washington...
Tamrac Inc. v. California Insurance Guarantee Association - 4/30/1998
CERTIFIED FOR PUBLICATION
INTRODUCTION
In La Jolla Beach & Tennis Club, Inc. v. Industrial Indemnity Co. (1994) 9 Cal.4th 27 (hereafter La Jolla), the California Supreme Court held that because workers' compensation...
Guevara v. Superior Court of Santa Cruz County - 3/27/1998
CERTIFIED FOR PUBLICATION
The questions before us are (1) whether an adult male who knows that he is a carrier of the antibodies to the human immunodeficiency virus (HIV) and engages in an act of unprotected consensual sexual...
Coldwell Banker Residential Brokerage Co. v. Roitz - 3/26/1998
CERTIFIED FOR PUBLICATION
Defendant Coldwell Banker Residential Brokerage Co. (appellant) appeals a judgment entered after the trial court confirmed an arbitration award in favor of plaintiff Mary Roitz (respondent) and denied...
Gutierrez v. Board of Retirement of Los Angeles County Employees Retirement Association - 3/26/1998
CERTIFIED FOR PUBLICATION
A county employee applied for and was granted nonservice-connected disability retirement benefits, which he received until his death about two years later. Thereafter, the employee's widow continued to...
Zamudio v. State - 3/25/1998
CERTIFIED FOR PUBLICATION
Does the Tort Claims Act (Gov. Code, § 810 et seq.) obligate a public entity to defend an employee sued on an account of an act or omission in the employee's capacity as a union representative? We...
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