The Review · Case Index

California employment case index

Search every indexed California wrongful-termination and employment decision, or browse by subject area, statute, and decade — each summary source-verified against the published reporter.

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4 cases

Quach v. California Commerce Club: California Abrogates the Arbitration-Specific “Prejudice” Requirement for Waiver

July 25, 2024
Quach v. California Commerce Club, Inc.California abandons its arbitration-specific rule requiring proof of prejudice to establish that a party waived the right to compel arbitration; waiver is now governed by the same general contract principles — proof by clear and convincing evidence of an intentional relinquishment — that apply to any other contractual right.Quach v. […]

Scheer v. Regents of the University of California — which framework governs which whistleblower statute after Lawson

March 28, 2022
Reversing summary judgment for the UC Regents, the Second District mapped the post-Lawson landscape — Labor Code § 1102.6 governs § 1102.5 claims, Government Code § 8547.10(e) supplies the same framework for University of California whistleblowers, and McDonnell Douglas still governs Health and Safety Code § 1278.5 claims, under which Scheer's clause-by-clause dismantling of his termination letter raised a triable issue of pretext.

Williams v. Chino Valley Independent Fire Dist.

May 4, 2015
Government Code section 12965(b) governs both fee and cost awards in FEHA actions and makes them discretionary under the asymmetric Christiansburg standard: a prevailing plaintiff ordinarily recovers fees and costs, but a prevailing defendant may recover them only if the action was objectively frivolous, unreasonable,…

Flannery v. Prentice

August 13, 2001
Attorney fees awarded under section 12965 belong to the attorneys whose services earned them, except to the extent the attorneys and client have entered an enforceable agreement providing otherwise; the portion of a statutory fee award exceeding fees the client already paid does not belong to the client by default.