Vatalaro v. County of Sacramento (2022) 79 Cal.App.5th 367. In this case the court held that an employee who brings a whistleblower retaliation claim results in the employer having to demonstrate by clear and convincing evidence that it would have taken the challenged action for legitimate, independent reasons even if the employee had not engaged in protected activity.
Lopez v. Escamilla (2022) 79 Cal.App.5th 646. A creditor made a sufficient showing after obtaining a judgment against a corporation to seek alter ego liability based on demonstrating that the owner exclusively controlled the corporate litigation decisions, was fully aware of the progress of the legal proceedings, and directed a tactical default by the corporate defendant, all of which gave rise to triable issues of fact and should not have resulted therefor in summary judgment for the owner. The creditor’s motion did not violate the owner’s right to due process because the creditor did not move summarily against the owner on the previously entered default judgment against the corporation but instead filed an independent civil action in which the owner would have had the opportunity to answer the complaint, engage in discovery, file motions, and freely litigate defenses.
Gregory L. McCoy