September 27, 2012

Summary of September 26, 2012 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, September 26, 2012. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.

Review Granted

Paratransit v. Unemployment Insurance Appeals Board (Medeiros), S204221—Review Granted—September 26, 2012.

The question presented is whether an employee who was terminated for refusing to sign a disciplinary memorandum could collect unemployment under Unemployment Insurance Code section 1256, which disqualifies an employee from receiving unemployment benefits if he or she is discharged for misconduct.

The Court of Appeal, Third District, held in a published opinion, Paratransit v. Unemployment Insurance Appeals Board (2012) 206 Cal.App.4th 1319, that the employee’s failure to sign the disciplinary memorandum violated his statutory obligation to the employer (under Labor Code section 2856), and that refusal to sign the memorandum was misconduct rather than a good faith error in judgment. Therefore, the employee was disqualified from collecting unemployment benefits.

Review Denied (with dissenting justices)




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