New CA Employment Case

employment termination Oct 10, 2023
 
Did the Merced City Manager Properly Terminate Plaintiff Police Officer?

Last month, the Fifth District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.

New CA Employment Case  

Cruz v. City of Merced (2023) _ Cal.App.5th _ , 2023 WL 5949217: The Court of Appeal reversed in part, and affirmed in part, the trial court’s order denying petitioner’s challenge to the decision of the City Manager of respondent to terminate petitioner from the police force, even though the personnel board (Board) had determined, in an appeal of petitioner’s initial termination, that respondent failed to show petitioner had submitted a false police report or had conducted an illegal search, but concluded that petitioner was not truthful in explaining certain details concerning the search and recommended that petitioner be demoted without backpay instead of...

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Trial Alchemy™ Podcast: Try Your Cases, Don't Chase the Money.

 

In Podcast #3 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff's lawyer Cynthia Chihak, Esq. of San Diego. Click on the video above to hear Cindy discuss her advice to young trial lawyers: try your case when the defense won't make a fair settlement offer.    


Click here to listen to complete podcast. To listen to the podcast on Spotify, click here.


Do well and be well.  

Stay safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]

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New CA Torts Case

Uncategorized Sep 18, 2023
 
Can a corporation, that is solely owned by an alleged sexual molester of minors,
be liable for the acts of its owner?

Last month, the Second District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.

New CA Torts Case  

Safechuck v. MJJ Productions, Inc. (2023) _ Cal.App.5th _ , 2023 WL 5317832: The Court of Appeal reversed the trial court’s order sustaining defendants’ demurrer, without leave to amend, in a case alleging sexual molestation of a minor by Michael Jackson and reversed the trial court’s order granting defendants’ motion for summary judgment in another similar sexual molestation case involving Jackson. The trial court concluded that the two corporations, wholly owned by the Jackson, did not have a duty to protect plaintiffs from sexual abuse Jackson is alleged to have inflicted on them for many years while they were...

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Trial Alchemy™ Podcast: Credibility

cedibility jury trials Aug 29, 2023
 

In Episode #2 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense lawyer Alan K. Brubaker, Esq. of San Diego. Click on the video above to hear Alan discuss the importance of credibility in a jury trial.   


Click here to listen to the complete podcast episode.

 
Until my next blog post, stay safe and healthy.


Best regards,

Monty A. McIntyre, Esq.
Civil Trial Attorney 
Master Lawyer Mentoring™
Podcaster: Trial Alchemy
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 

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New CA Employment Case

 
Is an Employer Liable if the Spouse of an Employee Gets COCID-19?

Last month, the California Supreme Court published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.

New CA Employment Case  

Kuciemba v. Victory Woodworks, Inc. (2023) _ Cal.5th _ , 2023 WL 4360826: Answering two questions of California law certified from the United States Court of Appeals for the Ninth Circuit concerning the scope of an employer’s liability when an employee’s spouse is injured by transmission of the virus that causes the disease known as COVID-19, the California Supreme Court ruled that if an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, the California Workers’ Compensation Act (WCA; Lab. Code, § 3200 et seq.) does not bar the spouse’s negligence claim against the employer. However, it also ruled that an employer does not...

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New CA Civil Procedure/Torts Case

 
Can a Victim of Childhood Sexual Abuse Recover Treble Damages Against a Public Entity? 

Last month, the California Supreme Court published a new decision addressing this issue. To find out what they decided, watch the video and read my case summary below.

New CA Code of Civil Procedure/Torts Decision  

L.A. Unified School Dist. v. Superior Court of Los Angeles County (2023) 14 Cal.5th 758: The California Supreme Court affirmed the Court of Appeal’s decision, and concluded that Code of Civil Procedure section 340.1 (b)(1), which allows the recovery of treble damages when a plaintiff suing in tort for childhood sexual assault proves that the assault was as the result of a cover up, cannot be awarded against a public entity because they are prohibited by Government Code section 818 which specifies that a public entity may not be held liable in tort for damages imposed primarily for the sake of example and by way of punishing the defendant. (June 1,...

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Masters In Trial Podcast: Craig McClellan Discusses Focus Groups

focus groups jury trials Jun 29, 2023
 

In Podcast #1 of Masters in Trial™, I interviewed ABOTA member and outstanding plaintiff lawyer Craig R. McClellan, Esq. of San Diego. Click on the video above to hear Craig discuss the use of focus groups to prepare for trial.  


Click here to listen to complete podcast.

 
Until my next blog post, stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
Master Lawyer Mentoring™
Civil Trial Attorney 
Mediator, Arbitrator & Referee
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 

 

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New CA Evidence Case (Hearsay and Corporate Representatives)

Uncategorized Feb 28, 2023
 
 
I offer Master Lawyer Mentoring™ to train less experienced civil lawyers to quickly learn essential law practice skills, think strategically in preparing and presenting their cases, avoid mistakes, and implement excellent systems to win more, make more money and create their dream law practices.  
 
Law school doesn't teach new lawyer how to practice law in the real world. Newer lawyers need someone with real life experience to mentor them. But unlike when I started practicing in 1980, today very few new lawyers get mentoring to help them learn how to practice law right.  
 
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...
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New CA Civil Procedure Case (998 Offers)

Uncategorized Feb 14, 2023
 
  
 
I offer Master Lawyer Mentoring™ to train less experienced civil lawyers to quickly learn essential law practice skills, think strategically in preparing and presenting their cases, avoid mistakes, and implement excellent systems to win more, make more money and create their dream law practices.  
 
Law school doesn't teach new lawyer how to practice law in the real world. Newer lawyers need someone with real life experience to mentor them. But unlike when I started practicing in 1980, today very few new lawyers get mentoring to help them learn how to practice law right.  
 
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,...
Continue Reading...

New CA Arbitration Case

arbitration Jan 24, 2023
 
Happy New Year!
 
 
I offer Master Lawyer Mentoring™ to train less experienced civil lawyers to quickly learn essential law practice skills, think strategically in preparing and presenting their cases, avoid mistakes, and implement excellent systems to win more, make more money and create their dream law practices.  
 
Law school doesn't teach new lawyer how to practice law in the real world. Newer lawyers need someone with real life experience to mentor them. But unlike when I started practicing in 1980, today very few new lawyers get mentoring to help them learn how to practice law right.  
 
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...
Continue Reading...
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