In The News

12.14.15

Partners Kevin Cauley and Sierra Spitzer will provide a review of new and noteworthy employment laws and regulations and how these impact the construction industry’s workforce at the Associated Subcontractors Alliance (ASA) Construction Law Update on January 13, 2016. The presentation will include information regarding skilled workforce requirements, electronic certified payroll requirements, and recent court decisions which impact contractors. These decisions will include the validity of lease-leaseback delivery systems that discuss the Davis v. Fresno Unified School District case. This decision deals with lease-leaseback and the issue of competitive bidding on lease-leaseback projects. The Court of Appeal recently issued a decision in Jeff Tracy, Inc. v City of Pico Rivera with important implications with respect to the requirements to be proven for a contractor to collect in a lawsuit. Click here for the event flyer.

11.24.15

November 24, 2015, SAN DIEGO, CALIFORNIA — Ross Schwartz, a partner with Schwartz Semerdjian Cauley & Moot LLP, attended the annual conference of LEGUS International Network of Law Firms convened in Cape Town, South Africa recently for a week-long conference.  Hosted by South Africa’s Strauss Daly law firm, the conference opened with a presentation by a cheetah-conservation group and the rare opportunity to interact closely with two rescued cheetahs. Additional speakers included Zelda La Grange, Nelson Mandela’s long-time presidential aide, and Ulrich Roux, a director of BDK Attorneys and a news commentator who covered the Oscar Pistorius murder trial.   Read the full article.

10.27.14

Sweetwater Contractors Defend Meals, Gifts – Lawyers for two companies accused in a corruption probe at Sweetwater schools are arguing they should not have to give back construction contract proceeds because the meals, trips and tickets they used to ply officials were legally protected free speech.  The companies say that high-profile criminal cases brought by District Attorney Bonnie Dumanis support their position.  Of the 18 officials and contractors who were charged or indicted, none pleaded guilty to a bribery charge — the most serious offense alleged.  Link to the full October 27, 2014 Union Tribune article.

8.19.14

Kristen Bush’s paper, “The Supply of Amicus Curiae Briefs in the Market for Information at the U.S. Supreme Court, “ was accepted for publication in Justice System Journal.  The paper is coauthored with Professor Tom Hansford, Associate Professor at the University of California, Merced.  Click here to view the full paper.

7.31.14

City Amends Language In Local Coastal Program - Chula Vista City Council members have corrected and clarified the language in plans for the city’s bayfront project. The local coastal program was certified by the California Coastal Commission in August 2012 and adopted by the City Council the following month. The changes that were adopted July 22 prompted two people at the meeting to ask council members for even more clarifications. Link to the full July 31, 2014 Union Tribune article.

5.28.14

More than two years after a citizen lawsuit was filed asking for contractors to return millions of dollars paid by the Sweetwater Union High School District, the district itself has joined the effort, seeking $26 million. The district asked a judge last week to skip a trial on the lawsuit and order return of the funds from the contractors — whose actions were the subject of a lengthy corruption probe — on the grounds that the initial contract awards were tainted and therefore invalid. Link to the full May 28, 2014 Union Tribune article.

3.13.14

The California Coastal Commission recently ordered the undergrounding of larger transmission towers and lines in front of Inland Industries property as part of the approval SDG&E substation project. Inland Industries is the 3rd largest property owner on the Chula Vista bay front.  Link to John Moot’s March 10, 2014 article, “Power play on Chula Vista’s bayfront” (San Diego Daily Transcript)

10.17.12

On October 17, 2012, Sarah Evans was a speaker at the San Diego Paralegal Association program “2012 Updates In Labor and Employment Law.” For the written materials from this presentation, click here.

8.1.12

“When I Was a New Lawyer”, featuring Dick Semerdjian, Chair-Elect, Tort Trial & Insurance Practice Section of the American Bar Association (read more)

4.19.12

On April 19, 2012, Dick Semerdjian was a speaker for the American Bar Association program, "Doing Business in the United States: What You Need To Know About Investing, Product Liability and Dispute Resolution" in Beijing, China. This event was sponsored by the ABA Tort Trial & Insurance Practice Section’s International Law and Products Liability Law Committees and co-sponsored by the China Council for the Promotion of International Trade, Beijing, China. Dick is the Chair Elect of the ABA Tort Trial & Insurance Practice Section and will be sworn in as the Chair of ABA TIPS in August 2012. For Dick's presentation click here.

4.12.12

Brinker - Supreme Court Decision Lessons Burden On California Employers with Regard to Meal and Rest Periods.

The California Supreme Court handed down a landmark decision in the matter of Brinker v. Superior Court that will have employers across the state breathing a sigh of relief.

The main issue before the Court was to determine whether the requirement that employers “provide” employees with meal and rest periods was intended simply to ensure that employers make such rest periods available to employees to use at their own option, or if there is actually an affirmative duty on the part of the employer to make sure that an employee takes all meal and rest periods and no work is performed during such times. Click here to read more

4.23.09

Mechanic’s Lien Seminar

Kevin Cauley was the primary speaker for the April 23, 2009 Mechanic’s Lien Seminar presented by the American Subcontractor’s Association, San Diego Chapter. The seminar covered the basic issues involved with Mechanic’s Liens, Private and Public Stop Notices, and collection issues.

3.20.09

Construction Law Seminar

Kevin Cauley was the primary speaker for the March 20, 2009 Construction Law Seminar presented by the Associated Builders and Contractors, Inc., San Diego Chapter. Seminar topics included Mechanic’s Liens, Stop Notices & Collections, Construction Contracts, Bidding Law, Change Orders, Contractors’ License Law, Litigation, Arbitration & Negotiation, Business Structure – Corporations, and more.

1.26.09

Employers in California Beware - Law Makes Supervisory Sexual Harassment Training Mandatory!

Although existing law makes sexual harassment unlawful and requires every employer to provide a workplace free of sexual and other forms of harassment, the law mandates certain sexual harassment training for all private and public sector employers with fifty or more employees. Click here to read more

10.28.08

Recent Developments in Employment Law

It has been a busy few months on the employment law scene with two lawsuits of note to pass your way and a recent Appellate case that will impact the way you handle employees out on medical leave and their subsequent re-employment. click here to read more

6.17.08

On June 17, 2008, Dick Semerdjian achieved settlement in the amount of $6.75 million on behalf of firm client, Dr. William Arterberry dba Farm ACW (“Farm”). A complaint was filed in San Diego Superior Court on January 2, 2007, against Defendant San Diego Gas & Electric (“SDG&E”) for breach of its utility duty of service under Public Utilities Code section 2106. Prior to the filing of the civil complaint, SDG&E’s alleged tariff issues were adjudicated before the California Public Utilities Commission, which ruled largely in the Farm’s favor. The civil suit in which Mr. Semerdjian achieved the large settlement included damages against SDG&E for increased electricity costs, lost profits and emotional distress. The parties conducted one full day and two half-days of mediation with mediator Justice Howard Wiener (Ret.), with settlement reached on the last day of mediation. Case settled for $6.75 million two weeks before trial.

12.7.07

2007 Developments in Employment Law

Two recent cases have further defined the Employer's role in dealing with disabled employees. In Wysinger, the Court confirmed that the duty to provide a reasonable accommodation to a disabled employee is separate and distinct from the employer's duty to engage in a good faith interactive process with the disabled employee to explore accommodations. The duty to engage in the interactive process exists even where there is no reasonable accommodation available and the employer can be held liable for its failure to so engage even where there is no finding of disability discrimination. My memo detailing the case and its application to employers is attached as a pdf document.

Wysinger Memo (.pdf)

In Green, the Supreme Court confirmed that the employee bears the burden of proof to show that he/she could perform a job's essential duties with or without reasonable accommodations. Previous to Green, there had been a split of authority as to whether the burden fell on the employer or the employee. This significantly eases the employer's burden of proof in a disability discrimination case as well as potentially signals a shift towards more rigorous standards in dealing with disability discrimination. My memo detailing the Green case is attached as pdf document as well.

Green Memo (.pdf)