New CA Employment Case

 
  • Keep Current. Save Time. Win More. Make More Money
Since 2012, I've helped California lawyers save time and easily keep up with the new case law to win more and make more money with my publication California Case Summaries™. I prepare short one paragraph summaries that can be read in 2 minutes, organized by legal topic, of every new published CA civil case (typically 25-100 pages long) in monthly, quarterly and annual subscriptions. My publications are only available to a limited number of subscribers, giving them a competitive advantage. They are periodically opened to new subscribers. 
 
Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here. 

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.) 

 California Case Summary™ Publications

California Case Summaries Monthly™:  short one paragraph summaries that can be read in 2 minutes, organized by legal topic, of every new civil case published by California courts every month. This subscription is currently open for a short time. To subscribe, click here.

California Case Summaries Quarterly™: short summaries that can be read in 2 minutes, organized by legal topic, of every new civil case published by California courts each quarter, with the official case citations. This subscription is currently open for a short time. To subscribe, click here.

Annual Practice Area Case Summaries™: Early every January, we publish Annual Practice Area case summaries for the practice areas of Employment, Real Property and Torts with short, organized summaries of every new civil case in each practice area (plus additional important legal topics), with the official case citations. 

California Case Summaries Annual™: Published early every January, with short, organized summaries of every new civil case published the year before, with the official case citations.  

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


Mediation, Arbitration & Referee Services

I help attorneys and their clients settle cases as a mediator, and decide cases or issues as an arbitrator or referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death. I conduct Zoom and in-person hearings throughout California.
To schedule a matter, please contact my case managers at ADR Services, Inc., Haward Cho, (213) 683-1600, [email protected] or Rachael Boughan, (619) 233-1323, 
[email protected] 

 

Stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™

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] 

Get Free Summaries of Every Civil Case Decision by the California Supreme Court in 2021! 

 

Get Your Free Summaries
Close

50% Complete

Two Step

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.