Professional Liability Newsletter – April 2018

We are pleased to bring you our firm’s Quarterly Professional Liability Update. We appreciate the opportunity to represent your interests and to provide you the best possible service. We pride ourselves in building partner relationships with our clients. We hope you benefit from the articles in this update. We also would like to share with […]

Employment Attorney Shannon Finley Publishes Insightful Article on Social Media

Employment Attorney, Shannon Finley was recently published in the Employment Practices Liability Consultant (EPLiC), sponsored by the International Risk Management Institute, Inc. (IRMI).  Shannon’s article was the lead coverage in the Summer 2017 edition.  Her article covered the ubiquity of social media.  Ms. Finley’s article titled, “Whistle (and Tweet) While You Work:  Social Media, Networking, […]

Two Pettit Kohn Attorneys Included in Super Lawyers Rising Stars List

Los Angeles Shareholder, Bron D’Angelo and Associate, Katherine Sample of Pettit Kohn Ingrassia & Lutz were recently selected to the 2017 Super Lawyers Rising Stars list. D’Angelo’s practice includes Personal Injury, Business Litigation, and Products Liability.  Sample’s practice includes General Personal Injury and Civil Litigation. Each year, the research team at Super Lawyers undertakes a multi-phase selection […]

San Diego Magazine’s Top Lawyers 2017

Eight Pettit Kohn Ingrassia & Lutz San Diego attorneys have been included in San Diego Magazine’s annual list of “Top Lawyers.”  For their March issue, San Diego Magazine invited Martindale Hubbell to share its list of local lawyers who have obtained an AV-rated status reaching the highest level of ethical standards and professional excellence.  Pettit […]

California Labor Commissioner’s Lack of Evidence Leads Court to Compel Arbitration

By Christine M. Mueller A California appellate court was unimpressed with the evidence, or lack thereof, used to challenge an arbitration provision. In Performance Team Freight Systems, Inc. v. Aleman, a group of truck drivers who entered into independent contractor agreements with Performance Team Freight Systems, Inc. (“the Company”) filed wage claims with the California […]

Another Nail in the Coffin for Employment Arbitration Agreements…

Another Nail in the Coffin for Employment Arbitration Agreements: Gentry is Good Law in Cases Where the FAA Does Not Apply to the Dispute By Jennifer Suberlak and Jenna Leyton-Jones In Garrido v. Air Liquide Industrial U.S. L.P., a California Court of Appeal determined that the rule set forth in Gentry v. Superior Court (2007) […]

Wisteria Lane Retaliation Claim Revived on Appeal: Desperate Housewife Not Required to Exhaust Administrative Remedies

By Shannon Finley and Jenna Leyton-Jones In Sheridan v. Touchstone Television Productions, LLC, a California appellate court held that a plaintiff is not required to exhaust administrative remedies for alleged violations of section 6310 et seq. of the California Labor Code (“section 6310”), which prohibits retaliation against employees for complaining about unsafe working conditions. Defendant […]

California Court of Appeal Instructs Trial Court to Re-Examine Its Denial of Class Certification

By Ryan Nell and Jenna Leyton-Jones In Alberts v. Aurora Behavioral Health Care, a group of former employees (collectively, “Plaintiffs”) of two acute care psychiatric hospitals filed a representative action against the operator of the hospitals, Aurora Behavioral Health Care (“Aurora”). Plaintiffs alleged multiple wage and hour claims, focusing on Aurora’s purported denial of meal periods, […]

Employer Successfully Challenges PAGA Claim Based on Insufficient Notice Letter

By Christine Mueller The Ninth Circuit Court of Appeals (“Ninth Circuit”) dismissed an employee’s Private Attorneys General Act (“PAGA”) claim because the plaintiff failed to comply with the PAGA’s notice requirements. In Alcantar v. Hobart Service et al., the plaintiff filed a class action lawsuit against his employer alleging that he was not compensated for […]

Governor Signs Bill Allowing Employers to Avoid Certain PAGA Claims

By Jennifer Lutz On October 2, 2015, Governor Jerry Brown signed AB 1506 (Hernandez) into law. The bill, which amends sections 2699, 2699.3, and 2699.5 of the Labor Code (which encompasses the Private Attorneys General Act (“PAGA”)) took effect immediately upon the Governor’s signature. PAGA allows an employee to file a representative action against an employer for […]