California (1) Title to property by adverse possession may be established either under color of title or by claim of right. (Code Civ. Proc., §§ 322-325.) When, as in the instant case, title is asserted by claim of right, Code of Civil Procedure section 324 provides: “Where it appears that there has been an actual […]
Category: California
Quantum meruit (California and Colorado)
Implied promise to pay for services rendered California Quantum meruit refers to the well-established principle that “the law implies a promise to pay for services performed under circumstances disclosing that they were not gratuitously rendered.” (Long v. Rumsey (1938) 12 Cal.2d 334, 342, 84 P.2d 146.) To recover in quantum meruit, a party need not […]
United Pentecostal Church v. California
SOUTH BAY UNITED PENTECOSTAL CHURCH, ET AL.,v.GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, ET AL. No. 19A1044. Supreme Court of the United States. May 29, 2020. ON APPLICATION FOR INJUNCTIVE RELIEF. The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is denied. JUSTICE THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE […]
Effect of severance pay on unemployment benefits (California)
Employment Development Department – State of California Severance pay is not deducted from unemployment insurance benefits and does not affect your eligibility to receive benefits. The method of payment, such as a lump sum payment or payments paid to you at regular pay period intervals does not change the nature of the payment. However, you […]
Implied contracts (California)
Contracts can be created by the conduct of the parties, without spoken or written words. Contracts created by conduct are just as valid as contracts formed with words. Conduct will create a contract if the conduct of both parties is intentional and each knows, or has reason to know, that the other party will interpret […]
Sexual harassment
Quid Pro Quo The essence of the quid pro quo theory of sexual harassment is that an individual “relies upon his apparent or actual authority [in order] to extort sexual consideration from an employee.” Henson v. City of Dundee, 682 F.2d 897, 910 (11th Cir.1982). The courts have stated that quid pro quo sexual harassment […]
California vacation pay
California Labor Code §227.3: Unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation shall be paid to him as wages at his final rate in accordance with such […]
Retaliation for opposing discrimination
Title VII and the FEHA prohibit employers from retaliating against employees for engaging in certain protected activities. See 42 U.S.C. §§ 2000e-2(a), 2000e-3. Title VII claims are governed by the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). Under this framework, the plaintiff bears the initial burden of demonstrating […]
California age discrimination law
Age discrimination in employment is prohibited and gives rise to a private cause of action under federal and California law. Under the federal Age Discrimination in Employment Act (“ADEA)”) it is unlawful for any employer to take an adverse action against an employee “because of such individual’s age.” 29 U.S.C. § 623(a). Under the California […]