New CA Employment Case

 

 

 

I can help. I've been a California civil trial lawyer since 1980, a member of the American Board of Trial Advocates since 1995, and I've been listed in The Best Lawyers in America every year since 2012. I've represented both plaintiffs and defendants in business, insurance bad faith and coverage, personal injury, real property and wrongful death cases, I've recovered over $50 million for plaintiff clients, and obtained numerous defense verdicts and good settlements for defense clients. I've tried over 100 jury, court and administrative trials and arbitrations. For many years, I've provided mentoring to many less experienced lawyers in California.

 

Working with me, you can quickly develop the skills, strategies, and systems necessary to build you dream law practice. How will it feel to be a successful and highly respected lawyer in your practice areas? Today is the day to start creating your future. 

 

Click the link to learn more about Master Lawyer Mentoring™, or email me at [email protected] or call me at (619) 990-4312.

 

To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here.

Below is a discussion of a new CA civil case published last month.

Cross-Examination by a Workplace Restraining Order Defendant

When an employer seeks a workplace restraining order, does the defendant have a right to cross-examine witnesses? Last month, the First District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below.

New Employment Decision  

CSV Hospitality Management v. Lucas (2022) _ Cal.App.5th _ , 2022 WL 9744258: The Court of Appeal reversed the trial court’s order granting plaintiff’s request for a restraining order under the Workplace Violence Safety Act (Code of Civil Procedure, section 527.8). During the evidentiary hearing, the trial court denied defendant’s request to cross-examine plaintiff’s employee witnesses. Cross-examination of the party who has petitioned for a restraining order constitutes relevant evidence within the scope of the hearing. (Evidence Code section 773(a).) Code of Civil Procedure section 527.8(j) specifically states that the trial court “shall receive any testimony that is relevant” during the hearing on a petition. The trial court’s failure to allow defendant cross-examine witnesses was contrary to section 527.8(j), and denied defendant his right to due process. (C.A. 1st, filed September 20, 2022, published October 17, 2022.)