Timothy Reuben

Court of Appeal Finds Employer Not Vicariously Liable For Co-Employer’s Meal Break Violations

Timothy D. Reuben

The Court of Appeal, First Appellate District, recently issued an opinion clarifying the extent of the duty an employer owes to ensure its employees take their meal breaks. In Serrano v. Aerotek, Inc. (Mar. 9, 2018, No. A149187) ___Cal.App.5th___ [2018 Cal. App. LEXIS 243], the plaintiff Serrano was an employee of defendant Aerotek, Inc., a […]

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Plaintiff Asserting Claim Under Private Attorneys General Act (PAGA) Must Provide Adequate Notice And May Not Proceed Individually

Timothy D. Reuben

The Court of Appeal, Second District, recently clarified what constitutes adequate notice to the California Labor and Workforce Development Agency (LWDA) in order to assert a PAGA claim. In Khan v. Dunn-Edwards Corp. (2018) 19 Cal.App.5th 804, plaintiff brought a lawsuit for paystub violations. Pending the litigation, he sent the required notice which stated it

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Court of Appeal: Trial Court Appropriately Exercised Discretion Denying Plaintiff’s Attorney Fees

Timothy D. Reuben

Coming out of the California Court of Appeal, Fourth Appellate District, Division Two, the Court of Appeal determined in Bustos v. Global P.E.T., Inc. (Dec. 22, 2017, No. E065869) 2017 Cal. App. LEXIS 1168, that the trial court appropriately exercised its discretion when it denied the plaintiff’s request for attorney fees even though the jury

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Court of Appeal Clarifies Anti-SLAPP Applicability to Homeowner Associations as Quasi-Government Entities

Timothy D. Reuben

On January 12, 2018, the California Court of Appeal, Fourth District, Division One issued its opinion in Golden Eagle Land Investment v. Rancho Santa Fe Assn. (2018 Cal. App. LEXIS 27). In Golden Eagle, the two plaintiffs sought approval from the homeowners association to develop their property into a higher density project than was typical

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Court of Appeal Clarifies Wage and Hour Class Action Expert Qualification

Timothy D. Reuben

The California Court of Appeal continues to favor class certification in the recent ABM Industries Overtime Cases ___Cal.App.5th___ [2017 Cal. App. LEXIS 1165] coming out of the First District, Division Four, published January 10, 2018. This trend will continue to be costly for businesses to defend class action claims. In ABM Industries, the Court of

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Movie Madness: Cross-Examination Hollywood Style!

Timothy D. Reuben

On Thursday, June 5, 2014, Timothy D. Reuben chaired a BHBA Inn of Court panel presentation,”Movie Madness: Cross-Examination Hollywood Style!” at Westside Tavern in Brentwood.  Attendees learned what the movies could teach about practical cross-examination techniques, with commentary from Mr. Reuben and fellow panelists and experienced practitioners, Gregory P. Barchie, Howard S. Fredman and Judge

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