California Case Summaries: July 16 to July 27, 2018

In the video above I discuss three free samples of my short, organized summaries of California civil cases published in the last two weeks.

When you need an experienced and capable mediator, arbitrator and referee who knows the law, I can help. For scheduling contact my case manager Christopher Schuster at ADR Services, Inc., phone (619) 233-1323 or

Would you like to know every new published case in your practice areas each month in less than 1 hour for less than $20 instead of spending far more money and time reading hundreds of pages? Subscribe to California Case Summaries: Civil™ for $15.99 a month per attorney. To subscribe today click here.

Would you like to know every new published civil and family law decision per quarter in less than 2 hours for less than $100 instead of spending far more money and time reading thousands of pages? Subscribe to California Case Summaries: Civil Update Quarterly™ for $99.99 a quarter to get my short, organized summaries with the official case citations. There is no other product like this. To buy a single-user issue for $99.99 click here. Law firms can buy a multi-user (single-office location) issue for $499.99 by clicking here.


Below are my three free short, organized summaries of new California civil cases published in the last two weeks:



Troester v. Starbucks Corporation (2018) _ Cal.App.5th _ , 2018 WL 3582702: The California Supreme Court, in response to a request from the United States Court of Appeals for the Ninth Circuit, ruled that the federal Fair Labor Standards Act’s (FLSA) de minimis doctrine, as stated in Anderson v. Mt. Clemens Pottery Co. (1946) 328 U.S. 680, 692, and Lindow v. United States (9th Cir. 1984) 738 F.2d 1057, 1063, does not apply to claims for unpaid wages under California Labor Code sections 510, 1194, and 1197. California’s wage and hour statutes or regulations have not adopted the de minimis doctrine found in the FLSA. The relevant wage order and statutes do not permit application of the de minimis rule where the employer required the employee to work “off the clock” several minutes per shift. However, the California Supreme Court did not decide whether there were circumstances where compensable time is so minute or irregular that it would be unreasonable to expect the time to be recorded. (July 26, 2018.)



Fluidmaster v. Fireman’s Fund Ins. Co. (2018) _ Cal.App.5th _ , 2018 WL 3545109: The Court of Appeal reversed the trial court’s order disqualifying the law firm Crowell & Moring (Crowell) from an insurance coverage action based on a newly-hired, but disqualified discovery associate in a geographically distant office. The firm appealed and, while the disqualification appeal was pending, the associate left Crowell. The Court of Appeal ruled that Kirk v. First American Title Ins. Co. (2010) 183 Cal.App.4th 776 (Kirk) was the controlling authority, and it reversed the disqualification order and returned the case to the trial court with directions to reevaluate its disqualification decision in light of Kirk – specifically the Kirk factors as to whether any confidential information has actually been disclosed. (C.A. 4th, filed June 26, 2018, published July 24, 2018.)


Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC (2018) _ Cal.App.5th _ , 2018 WL 3134581: The Court of Appeal affirmed the trial court’s order granting summary judgment for defendant in an action for serious personal injury as a result of a snowboarder colliding with a snowcat pulling a snow-grooming tiller. The Court of Appeal ruled that the trial court did not abuse its discretion in excluding expert declarations offered by plaintiffs in opposition to the motion for summary judgment. Moreover, although snowcats and snow-grooming tillers are capable of causing catastrophic injury, the Court of Appeal ruled that this equipment is an inherent part of the sport of snowboarding, and the way in which the snowcat was operated in this case did not rise to the level of gross negligence. (C.A. 1st, filed June 27, 2018, published July 18, 2018.)

I’ll continue to bring you three free summaries of new published California civil cases every two weeks. Until next time, do well and be well.

Do well and be well.

Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator and Referee at ADR Services, Inc.
Publisher of California Case Summaries
CA Civil Trial Lawyer Since 1980, ABOTA Member Since 1995
Past President of the San Diego County Bar Association
Past President of the San Diego Chapter of ABOTA
Monty’s email:
Monty’s cell: (619) 990-4312


Leave A Response

* Denotes Required Field