City of Oakland v. Hassey
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Filed 7/15/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CITY OF OAKLAND, Plaintiff, Cross-defendant and Respondent, v. KENNY D. HASSEY, Defendant, Cross-complainant and Appellant; A116360 (Alameda County Super. Ct. No. 2007027607) (Alameda County Super. Ct. No. 2007027607) ORDER DENYING REHEARING AND MODIFYING OPINION [NO CHANGE IN JUDGMENT] RICHARD WORD, Cross-defendant and Respondent. BY THE COURT: Appellant s petition for rehearing is denied. The opinion filed June 17, 2008, is modified as follows: Add, as the last three sentences of the eleventh paragraph in part II.A.2. of the opinion, We decline to address Hassey s argument, raised for the first time in his reply brief, that the repayment agreement violates Labor Code sections 2802 [employer shall indemnify employee for all necessary expenditures and losses] and 2804 [any contract waiving provision invalid]. (Campos v. Anderson (1997) 57 Cal.App.4th 784, 794, fn. 3 [points raised in reply brief for first time will not be considered absent good cause].) We note that Hassey s answer to Oakland s complaint did not rely on Labor Code sections 2802 and 2804, and his cross-complaint did not allege causes of action based on them. The above modification does not effect any change in the judgment. Dated: ____________________ ____________________________P.J.
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