February 02, 2021 - July 14, 2021 Despite the same indicia present in the case at bench, the court concluded that "These attaches and employees are clearly employees of the superior court." 3d 461. Prior to accepting employment with the Superior Court, plaintiff was employed with the County of Los Angeles from 1974 to 1990 as an eligibility worker for the County's Department of Public Social Services. The County alleged fifteen affirmative defenses, including that plaintiff "was not an employee of defendant County of Los Angeles during the complained of incident such that he or she qualifies for protection under the FEHA Act." The operative first amended complaint (FAC) named only the County and Does as defendants. 1238.). App. ), [1] "In reviewing the propriety of a summary judgment, the appellate court independently reviews the record that was before the trial court. App. No. ), The court separated its analysis of employees into two groups, l) employees and attaches of the superior court and 2) the deputy clerks appointed by a county officer and members of the county civil service who are hired, promoted, disciplined and fired according to county civil service rules. No. However, we note that the Employee Orientation Checklist signed by plaintiff in November 1990 attesting to her at-will employment "as a Los Angeles Superior Court employee" and stating she was "accepting employment with the Superior Court" set forth in the letterhead at the top of the page: "County Clerk/Executive officer of the Superior Court." John H. Larson, County Counsel, and Melissa A. Taubman, Deputy County Counsel, for Defendant and Respondent. It may well be that, even with the restrictions on its use, plaintiff's property has some value for tax purposes. 154, 544 P.2d 1354], the Supreme Court traced the recent development of the law applicable to proceedings for challenging assessments and discerned an abandonment of the former drastic test which courts had applied, to wit, whether an assessment practice constituted an arbitrary and wilful disregard of the law and [114 Cal. The cited factors include the exclusive right to control the duties of the personnel, the power to discharge the employee, payment of salary, nature of the services, and the parties' belief as to the employment relationship. App. ), InBret Harte Inn, Inc. v. City and County of San Francisco (1976) 16 Cal. Our Team Account subscription service is for legal teams of four or more attorneys. App. A defendant seeking summary judgment has met the burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established or that an affirmative defense to that cause of action exists. Furthermore, it is undisputed that "Count of Los Angeles" appeared on plaintiff's paychecks. May 28, 2002. Employees v. County of San Diego (1992) 11 Cal. on getting selected as a New Leader of the Bar, LERNER DAVID CONGRATULATES ALL THE HONOREES OF THE 2020 NJLJ PROFESSIONAL EXCELLENCE AWARDS. [99 Cal. $("#sub2").append( pday ); (Id. (Georgia-Pacific Corp. v. County of Butte, supra, 37 Cal. 60169. Plaintiff's position throughout has been that the method of assessment used was invalid. [Citation] In making this determination, the moving party's affidavits are strictly construed while those of the opposing party are liberally construed.". Eight. (Code Civ. App. The FAC pleaded continuing harassment in employment and retaliation for complaints of discrimination in employment.
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