Latest 4 Cases: Conservatorship of J.Y. (Civil Rights), People v. Bonilla-Bray (Criminal Law), In re E.E. (Family Law)

Joint Employer Liability: Notes from Australia

SAMUEL ESTREICHER, NICHOLAS SAADY

NYU law professor Samuel Estreicher and Nicholas Saady, LLM, conduct a comparative analysis of the doctrine of joint employer liability, looking at the rules adopted by the U.S. Department of Labor and National Labor Relations Board as compared to the approach Australia has taken in an analogous context, “accessorial liability” doctrine.

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Conservatorship of J.Y.

Docket: A157323(First Appellate District)

Opinion Date: May 21, 2020

Judge: J. Anthony Kline

Areas of Law: Civil Rights, Constitutional Law

The Contra Costa County Public Guardian was appointed as the conservator of J.Y.’s person in 2004. The conservatorship was continued 12 times. The guardian filed a petition for reappointment in November 2018. J.Y. objected, requested a jury trial, and objected to the guardian calling her as a witness at trial, arguing that such compelled testimony would violate her due process and equal protection rights. The court overruled that objection. A jury trial was held and J.Y. testified. A psychiatrist testified that J.Y. suffered from schizophrenia; a licensed psychologist testified that J.Y was gravely disabled. The court reappointed the guardian as the conservator of her person and imposed special disabilities depriving J.Y. of the rights to refuse treatment, enter into contracts, and possess or own firearms. The court also designated her current placement in a skilled nursing facility, where she had lived for 10 years, as the least restrictive alternative placement. The court of appeal dismissed an appeal as moot because the one-year conservatorship has terminated but agreed that conservatees are similarly situated to persons found not guilty by reason of insanity in proceedings to extend their civil commitment. Considering the serious liberty interests at stake in involuntary civil commitments, the guardian did not offer a compelling reason why conservatees’ procedural protections should not include the right against compelled testimony.

People v. Bonilla-Bray

Docket: B299607(Second Appellate District)

Opinion Date: May 21, 2020

Judge: Lavin

Areas of Law: Criminal Law, Military Law

The Court of Appeal held that the trial court erred by summarily denying defendant's petition for recall and resentencing without following the required procedures of Penal Code section 1170.91. Pursuant to section 1170.91, sentencing courts must consider any trauma, substance abuse, and mental health problems caused by a defendant's service in the United States military as mitigating factors weighing in favor of a low-term sentence. In this case, defendant filed a petition after the statute's effective date; stated that he had served in the Marine Corps and ended up suffering from "serious mental health issues and substance abuse addiction" as a result; and attached extensive Marine Corps service records and CDCR mental health records. Therefore, as the People acknowledged, defendant's petition for resentencing met the statutory requirements under section 1170.91, subdivision (b).

In re E.E.

Docket: E073284(Fourth Appellate District)

Opinion Date: May 21, 2020

Judge: Slough

Areas of Law: Family Law

K.L. (mother) and J.P. (father) had three young children together as well as an infant son named E. Mother tested positive for amphetamine at a prenatal visit for E., and when the child was born a few months later, he tested positive for amphetamine and marijuana. At the jurisdiction and disposition hearing, the juvenile court declared all four children dependents and removed them from the parents’ care. Mother appealed, challenging the sufficiency of the evidence used to support the removal order. She argued there was insufficient evidence E.’s siblings were at risk of harm, as well as insufficient evidence all of the children could not live safely with father, with her out of the home. After review, the Court of Appeal concluded substantial evidence supported the challenged findings and orders, and therefore affirmed.

Betancourt v. OS Restaurant Services, LLC

Docket: B293625(Second Appellate District)

Opinion Date: May 21, 2020

Judge: Elizabeth A. Grimes

Areas of Law: Labor & Employment Law, Legal Ethics

The Court of Appeal held that the trial court abused its discretion in awarding any attorney fees to plaintiff. Labor Code section 218.5 mandates an attorney fee award in any action brought for the nonpayment of wages, if any party requests them at the initiation of the action. Furthermore, Kirby v. Immoos Fire Protection, Inc. (2012) 53 Cal.4th 1244, 1255, held that a plaintiff cannot obtain attorney fees in an action for failure to provide rest breaks or meal periods. In this case, there was no basis for the trial court's award of fees where the only wage and hour claims alleged and litigated were for rest break and meal period violations. The court held that plaintiff's claim that it must affirm the judgment because defendants presented an inadequate record for judicial review is unfounded. The court also rejected plaintiff's contention that the predicate misconduct of her wage and hour claims was not rest period violations, but rather failure to pay earned wages. The court explained that this theory was reflected nowhere in the record of the attorney fee proceedings—until plaintiff filed her reply papers. In those reply papers, plaintiff cited no evidence of any work performed before the settlement that referred to or suggested the existence of a claim or cause of action for failure to pay earned wages. Accordingly, the court reversed the judgment to the extent it awarded attorney fees to plaintiff, remanding for entry of a new and different judgment denying recovery of attorney fees.