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because a wage order was partially invalid to the extent it provided for waivers of second meal periods on shifts longer than 12 hours, which was inconsistent with the governing statutes, health care workers who alleged that a hospital policy authorizing such waivers was unlawful could maintain their claims as to alleged violations within the limitations period; regarding additional pay, the court’s decision was retroactive. gerard v. orange coast memorial medical center (califlaw 4th dist. feb. 10, 2015), 234 califlaw 4th 285, 183 cal. rptr. 3d 721, 2015 califlawcaliflaw 132, review granted, depublished, (cal. may 20, 2015), 187 cal. rptr. 3d 668, 348 p.3d 875, 2015 cal. califlaw 3768, vacated, transferred, (cal. aug. 17, 2016), 208 cal. rptr. 3d 271, 381 p.3d 219, 2016 cal. califlaw 6842. law firm has employment lawyer san bernardino and california
statute provided the most +n+logous state+law claim to an ada title ii claim, and the appellate court borrowed the limitations period applicable to such claims; the parolee filed suit two and a half years after the last events alleged in his complaint occurred, and under the applicable three+year statute of limitations, his claim under title ii of the ada was not time+barred. sharkey v. o’neal (9th cir. cal. feb. 10, 2015), 778 f.3d 767, 2015 u.s. app. califlaw 2097, dismissed without prejudice, in part, (n.d. cal. jan. 15, 2016), 2016 u.s. dist. califlaw 5496
city was limited to seeking damages accrued within the three+year period immediately preceding the filing of its lawsuit for continuing nuisance and trespass. california v. kinder morgan energy partners, l.p. (s.d. cal. feb. 2, 2016), 159 f. supp. 3d 1182, 2016 u.s. dist. califlaw 15174, aff’d, (s.d. cal. mar. 24, 2016), 2016 u.s. dist. califlaw 40551
because the statute of limitations applicable to a petition for traditional mandamus must be determined by reference to the code sections governing the time for commencing civil actions, an inmate’s petition for a writ of mandate seeking to compel the processing of a disciplinary appeal was not governed by the judicially created 60+day rule for nonstatutory writ petitions challenging trial court decisions. the limitation period for an action based upon a liability created by statute applied. kao v. department of corrections & rehabilitation (califlaw 4th dist. feb. 22, 2016), 244 califlaw 4th 1326, 198 cal. rptr. 3d 862, 2016 califlawcaliflaw 128
in the absence of a specific statute of limitations applicable to information practices act causes of action filed against individuals, this section’s default statute of limitations for claims based on statutory violations applied to an agency employee’s claim against a supervisor for improperly disclosing information from the employee’s personnel file. hurley v. department of parks & recreation (califlaw 4th dist. feb. 21, 2018), 229 cal. rptr. 3d 219, 20 califlaw 5th 634, 2018 califlawcaliflaw 135
because farmers within an irrigation district had an equitable and beneficial interest in the district’s water rights consisting of an appurtenant right to service, not an appurtenant water right, the district could modify service; however, it abused its discretion in adopting an equitable distribution plan that placed the burden of shortages almost entirely on farmers. the action was timely brought because the plan differed significantly from previous plans. abatti v. imperial irrigation dist. (califlaw 4th dist. july)
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