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| C.R. v. Tenet Healthcare Corp., B201220,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 5, 2009, Filed
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Overview: Patient's allegation that a healthcare provider, with knowledge of a certified nursing assistant's sexual misconduct, continued to employ him and destroyed documents was sufficient to state a claim under Civ. Code, § 51.9, asserting that the healthcare provider ratified the sexual misconduct.
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| California Teachers Assn. v. Public Employment Relations Bd., G040106,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 5, 2009, Filed
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Overview: Public Employment Relations Board erred in concluding that a letter from charter school teachers to parents was not protected conduct under the Educational Employment Relations Act, in part because the letter embodied a protected effort at organizing. It was signed by all teachers, but the only ones fired were those viewed as organizing the letter.
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| Episcopal Church Cases, S155094,
SUPREME COURT OF CALIFORNIA, January 5, 2009, Filed
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Overview: Local church could not take church property with it when disaffiliating from general church, even though deeds were in its name, because it agreed from beginning of its existence to be part of greater church and to be bound by its governing documents, under which property was held in trust for the general church, as permitted by Corp. Code, § 9142.
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| People v. Doolin, S054489,
SUPREME COURT OF CALIFORNIA, January 5, 2009, Filed
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Overview: Even assuming defendant satisfied Strickland's deficient performance prong on his claim that counsel failed to conduct a background investigation and social study of him because of an asserted conflict of interest, reversal was not required because he did not show the asserted conflict had any effect on either the guilt or penalty phase verdicts.
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| State of California v. Continental Ins. Co., E041425,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, January 5, 2009, Filed
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Overview: Under excess liability policies that defined an occurrence to include a continuous or repeated exposure to conditions, the continuous injury trigger of coverage was applicable, the all-sums approach made every insurer liable for the full extent of a hazardous waste loss up to the policy limits, and the policy limits could be stacked across periods.
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| Major v. Western Home Ins. Co., D050479,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 6, 2009, Filed
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Overview: In a bad faith action against an insurer, a claims representative was the insurer's "managing agent," for purposes of a punitive damages award under Civ. Code, § 3294, because the representative exercised substantial discretionary authority to pay or not pay benefits and made the decision to refuse to pay benefits ultimately awarded by the jury.
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| Rankin v. Longs Drug Stores California, Inc., D052124,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 6, 2009, Filed
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Overview: A pending action by a job applicant against a drug store under Lab. Code, § 432.7, was properly dismissed because, under abatement principles, the challenge to a question about drug convictions was destroyed by the federal Combat Methamphetamine Epidemic Act of 2005, which replaced the state prohibition against such questions with a right to ask.
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| Wilson v. County of Orange, G039733,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 6, 2009, Filed
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Overview: In a reasonable accommodation action under Gov. Code, § 12940, substantial evidence supported a verdict for the employer because a human resources manager's reference as to when formal negotiating proceedings were commenced as the "interactive process" did not preclude a finding that county was engaged in an informal interactive process all along.
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