California Court of Appeal

Summary judgment for plaintiff-labor union on its contract cause of action against two former members is reversed where: 1) one defendant established futility for purposes of exhaustion of union remedies; and 2) defendants did not waive their right to challenge the breach of contract cause of action. The union's bylaws regarding exhaustion of internal union remedies do not apply to defendants as it it is the union that is resorting to a judicial proceeding to enforce a disciplinary fine.

Appellate Information

• Decided 01/14/2008
• Published 01/14/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Caswell, Bell & Hillison, and Russell G. Van Rozeboom, Fresno, for Defendant and Appellant Richard A. Maldonado.   Driscoll & Associates and Thomas J. Driscoll, Jr., Lodi, for Defendant and Appellant Michael S. Pittman., Carroll, Burdick & McDonough, Ronald Yank, Gregg McLean Adam and Jennifer S. Stoughton, San Francisco, for Plaintiff and Respondent.