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Case Summaries

Injury & Tort Law

[12/01] Bartholomew v. Youtube, LLC.
Affirming the trial court’s dismissal for failure to state a claim in the case of a musician whose video was taken down from YouTube, which posted a statement that the video had violated their terms of service, because using violence and profanity as examples of things that could result in the removal of a video did not amount to libel.

[11/29] Adelson v. Harris
Affirming the district court’s dismissal of a case and award of attorney’s fees and costs in the case of a man suing the National Jewish Democratic Counsel for defamation arising from the organization’s communication to presidential candidate Mitt Romney that the plaintiff’s financial contributions were tainted because the plaintiff failed to allege knowledge of falsity in their statements.

[11/29] Santos v. Los Angeles Unified School District
Reversing the trial court’s grant of summary judgment after a Los Angeles School Police Department (LASPD) vehicle driven by an LASPD officer struck another vehicle a lawsuit was filed against the LASPD, but the vehicle turned out to be insured by the Los Angeles Unified School District (LAUSD), later added to the complaint, because there was a factual dispute regarding whether the misrepresentation of the LASPD officer resulted in equitable estoppel.

[11/29] Olson v. Manhattan Beach Unified School District
Affirming the trial court’s dismissal of a second amended complaint in a lawsuit alleging defamation and deceit related to parents’ complaints about a baseball team coach because the grievance, filed pursuant to a collective bargaining agreement, failed to satisfy the claim filing requirements of the Government Claims Act.

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Labor & Employment Law

[12/08] Wang v. The Hearst Corporation
Affirming the dismissal through summary judgment of claims filed by five participants in the Hearst Corporation’s internship programs under the Fair Labor Standards Act (FLSA), claiming minimum wage violations, because unpaid interns are not employees of Hearst for the purpose of the FLSA.

[12/08] US v. Scott
Affirming the district court’s dismissal of a case against the Federal Deposit Insurance Corporation by a former employee following their termination of his employment for lack of subject matter jurisdiction because the plaintiff was presenting a mixed claim for which the court lacked jurisdiction and a denial of transfer was proper in itself and on account of his waiver.

[12/07] Brown v. Cinemark USA, Inc.
Denying a motion to dismiss for lack of jurisdiction a class action complaint alleging wage and hour violations because, as in Microsoft Corp. v. Baker the plaintiffs had voluntarily settled some of their claims, but the mutual considerations in the instant case did not raise the same concerns as in Baker because the plaintiffs here continued to litigate their remaining claims.

[12/06] Skillin v. Rady Children’s Hospital San Diego
Affirming the grant of summary judgment to the defendant hospital in a suit brought by a former employee who complained of unauthorized retirement account contributions in a Private Attorneys General Act lawsuit for alleged violations of the California Labor Code because the claims were preempted by the Employee Retirement Income Security Act.

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Workers’ Comp

[10/24] Gholipour v. The Superior Court of San Diego County
Denying the petition for writ of mandate challenging an order by the trial court relating to the amount of petitioner’s restitution because although the case was transferred to the superior court of another county while her appeal from a workers’ compensation fraud conviction was pending, the trial court retained jurisdiction over restitution.

[10/13] American Cargo Express, Inc. v. Superior Court
In a workers’ compensation action, arising after the California Self-Insurers’ Security Fund (SISF) assumed the workers’ compensation obligations of Mainstay Business Solutions and sued it and its clients to recover costs and liabilities, the trial court’s grant of SISF’s motion on the pleadings is affirmed where Labor Code section 3744, subdivision (c) authorizes SISF to bring such an action in superior court.

[10/06] Ford v. Workers’ Compensation Appeals Board
In a workers’ compensation action, the petition for review of an award of benefits is denied where the worker suffered a compensable injury entitling him to benefits, independent of his committing three criminal workers’ fraud offenses.

[09/15] Ly v. County of Fresno
In a labor & employment action, brought by three Laotian correctional officers alleging racial discrimination in employment actions and retaliation after complaining about them, the trial court’s grant of summary judgment to defendant county is affirmed where the denial of plaintiffs’ separate workers’ compensation claims bar their claims in this action on res judicata grounds.

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