Filing a Civil Lawsuit in California – Anatomy of a Lawsuit Part IV
This series applies to California lawsuits only. For rules related to lawsuits in any other state, visit the website for your state’s courts. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. Please consult a lawyer for help with your particular case. Below is an infographic chart with an overview on filing a civil lawsuit in California. This article discusses step one, the actual filing of a civil lawsuit. Before Filing a Civil Lawsuit There are some considerations before filing a civil lawsuit in California, such as figuring out 1) What is the Deadline to File a Lawsuit; and 2) Where to File a Lawsuit. I almost always recommend communicating with the other side and working together to find a win-win solution to a problem before going the civil lawsuit route. Sometimes you can do that yourself but other times you may need a California business lawyer or a civil litigation attorney to step in help you negotiate a solution. If that doesn’t work and you hit an impasse, you may have no … Continue reading
Are Your Employees Using Cell Phones for Business?
Personal Cell Phone Use is a Reimbursable Business Expense in California? Yes. Even if an employee has a unlimited plan? Yup. A California appellate court held in Cochran v. Schwan’s Home Service, Inc. that employers must always reimburse employees when they are using cell phones for business when that use is mandatory. This is true even if the employee has an unlimited cell phone plan and does not incur any additional expenses because of the business usage. Colin Cochran worked as a customer service manager for a food delivery provider. As part of his job, he used his personal cell phone to make business calls but the company did not reimburse him for the use of his phone. Cochran filed a putative class action lawsuit against his employer on behalf of 1,500 customer service managers. The court of appeal agreed that failure to reimburse the cell phone use, even if the employee did not incur additional expenses, violated Labor Code Section 2802(a). The court did not specify how much an employer must pay an employee for his or her cell phone … Continue reading