AUTHOR*
Phyllis W. Cheng
Quach v. Cal. Commerce Club, Inc., 78 Cal. App. 5th 470 (2022), review granted, 297 Cal. Rptr. 3d 592 (Mem) (Aug. 24, 2022); S275121/B310458
Petition for review after reversal of order denying petition to compel arbitration. Does California's test for determining whether a party has waived its right to compel arbitration by engaging in litigation remain valid after the United States Supreme Court decision in Morgan v. Sundance, Inc., ___ U.S. ___ [142 S.Ct. 1708] (2022)? Answer brief due.
Ramirez v. Charter Communications, Inc., 75 Cal. App. 5th 365 (2021), review granted, 2022 WL 2037698 (Mem) (Jun. 1, 2022); S273802/B309408
Petition for review after affirmance of order denying petition to compel arbitration. Did the Court of Appeal err in holding that a provision of an arbitration agreement allowing for recovery of interim attorney's fees after a successful motion to compel arbitration was so substantively unconscionable that it rendered the arbitration agreement unenforceable? Answer brief due.
Kuciemba v. Victory Woodworks, 31 F.4th 1268 (9th Cir. 2022); cert. granted (Jun. 22, 2022); S274191/9th Cir. No. 21-15963
Request under California Rules of Court, rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. 1. If an employee contracts COVID-19 at his workplace and brings the virus home to his spouse, does California's derivative injury doctrine bar the spouse's claim against the employer? 2. Under California law, does an employer owe a duty to the households of its employees to exercise ordinary care to prevent the spread of COVID-19? Fully briefed.
Bailey v. San Francisco Dist. Attorney's Office, nonpublished opinion, 2020 WL 5542657 (2020), review granted (Dec. 30, 2020); S265223/A153520
Petition for review after affirmance of judgment. Did the Court of Appeal properly affirm summary judgment in favor of defendants on plaintiff's claims of hostile work environment based on race, retaliation, and failure to prevent discrimination, harassment and retaliation? Fully briefed.
People ex rel. Garcia-Brower v. Kolla's Inc., nonpublished opinion, nonpublished opinion, 2021 WL 1851487 (2021), review granted (Sept. 21, 2021); S269456/G057831
Petition after affirmance in part and reversal of judgment. Does Cal. Labor Code § 1102.5(b), which protects an employee...
