By Phyllis W. Cheng
Phyllis W. Cheng is a mediator at ADR Services, Inc., and is on the mediation panels for the California Court of Appeal, Second Appellate District, and U.S. District Court, Central District of California. She is Managing Editor of this publication and prepares the Labor & Employment Case Law Alert, a free electronic alert service on new cases for Section members. To subscribe online at http://www.calbar.ca.gov, log onto "My State Bar Profile" and follow the instructions under "Change My E-mail Addresses and List Subscriptions."
Conyer v. Hula Media Services, LLC, 53 Cal. App. 5th 1189 (2020), review granted, 2020 WL 7391913 (2020); S264821/B296738
Petition for review after reversal of denial to compel arbitration and remanded with directions. (1) Did the Court of Appeal err in severing some terms in the defendant employer's mandatory employment arbitration agreement and remanding for arbitration under the remaining terms, or was the agreement permeated by unconscionability such that enforcement of the remaining terms would not be in the interests of justice? (2) Did Court of Appeal err in holding that the employee's signature on a one-page employee handbook receipt and acknowledgment form, which made no reference to arbitration or to waiver of the right to pursue statutory employment law claims in court, constituted binding assent to arbitrate specified claims pursuant to the arbitration agreement? Review granted/brief due.
Bonni v. St. Joseph Health Sys., 13 Cal. App. 5th 851 (2017), review granted, 224 Cal. Rptr. 3d 684 (2017); S244148/G052367
Petition for review after reversal granting anti-SLAPP motion. Further action in this matter deferred pending consideration and disposition of a related issue in Wilson v. Cable News Network, Inc. S239686 (decided July 22, 2019; 7 Cal. 5th 871), or pending further order of the court. Submission of additional briefing, pursuant to Cal. Rules of Court, rule 8.520, is deferred pending further order of the court. Fully briefed.
Ducksworth v. Tri-Modal Distribution Services, 47 Cal. App. 5th 532 (2020), review granted, 2020 WL 4696753 (2020); S262699/B294872
Petition for review after affirmance of judgment. (1) In a cause of action alleging quid pro quo sexual harassment resulting in a failure to promote in violation of the Fair Employment and Housing Act, did the statute of limitations to file an administrative complaint with the Department of Fair Employment and Housing begin to run when the successful candidate was offered and accepted the position, or when that promotion later took effect, if there is no evidence that the plaintiff was aware of the promotion on the earlier date? (2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous? Fully briefed.
Lawson v. PPG Architectural Finishes, Inc., 982 F.3d 752 (9th Cir. 2020)...
