Legal Opinion

Lerma v. D'Arrigo Brothers Co.

California Court of Appeal

Decided February 22, 1978No. Civ. 41175PublishedCited by 7 opinions

1Opinion of the Court

Opinion

FEINBERG, J.

This is an appeal from a judgment dismissing an amended complaint brought by an agricultural employee against his employer predicated upon the trial court having sustained a demurrer to the amended complaint.

Taking the allegations of the amended complaint as true, as we must, the facts are that appellant was an agricultural laborer, a member of the Western Conference of Teamsters and Teamsters Farm Worker Local 1973 (Union). In 1974, appellant was employed by respondent D’Arrigo Brothers Company (D’Arrigo). Union and D’Arrigo had entered into a collective bargaining…

2Cases cited13 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  3. Hines v. Anchor Motor Freight, Inc.Supreme Court of the United States · 1976
  4. James v. Marinship Corp.California Supreme Court · 1944
  5. Edward Kuhn v. National Association of Letter Carriers, Branch 5Court of Appeals for the Eighth Circuit · 1976

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3Cited by7 opinions

  1. Logan v. Southern California Rapid Transit DistrictCalifornia Court of Appeal · 1982
  2. 24 Fair empl.prac.cas. 1340, 24 Empl. Prac. Dec. P 31,400 Samuel Golden, Milo Gaskin, Manuel Navarro, Ernest Robinson and the Oakland Black Firefighters Association, Individually and on Behalf of All Others Similarly Situated v. Local 55 of the International Association of Firefighters, Its Membership, and George Rosco, Richard Cecil, Jack Doan and Tom Kenton, as Individuals and as Officers of Local 55 of the International Association of Firefighters, Hanley Ornsby, as an Individual and as a Former Officer of Local 55, and the International Association of FirefightersCourt of Appeals for the Ninth Circuit · 1980
  3. Jones v. OmnitransCalifornia Court of Appeal · 2004
  4. Service Employees International Union v. Hollywood Park, Inc.California Court of Appeal · 1983
  5. Giffin v. United Transportation UnionCalifornia Court of Appeal · 1987

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