Cases Pending Before the California Supreme Court
| Publication year | 2019 |
| Author | By Phyllis W. Cheng |
By Phyllis W. Cheng
Phyllis W. Cheng is a mediator at ADR Services, Inc., and is on the mediation panels for the California Court of Appeal, Second Appellate District, and U.S. District Court, Central District of California. She prepares the Labor & Employment Case Law Alert, a free "electronic alert service" on new cases for Section members. To subscribe online at http://www.calbar.ca.gov, log onto "My State Bar Profile" and follow the instructions under "Change My E-mail Addresses and List Subscriptions."
OTO, L.L.C. v. Kho, 14 Cal. App. 5th 691 (2017), review granted, 225 Cal. Rptr. 3d 796 (2017); S244630/A147564
Petition for review after reversal of order denying petition to compel arbitration. (1) Was the arbitration remedy at issue in this case sufficiently "affordable and accessible" within the meaning of Sonic-Calabasas A, Inc. v. Moreno (2013) 57 Cal. 4th 1109 to require the company's employees to forego the right to an administrative Berman hearing on wage claims? (2) Did the employer waive its right to bypass the Berman hearing by waiting until the morning of that hearing, serving a demand for arbitration, and refusing to participate in the hearing? Fully briefed.
Wilson v. Cable News Network, Inc., 6 Cal. App. 5th 822 (2016), review granted, 214 Cal. Rptr. 3d 290 (2017); S239686/B264944
Petition for review after reversal of order granting special motion to strike. In deciding whether an employee's claims for discrimination, retaliation, wrongful termination, and defamation arise from protected activity for purposes of a special motion to strike (Civil Procedure Code § 425.16), what is the relevance of an allegation that the employer acted with a discriminatory or retaliatory motive? Fully briefed.
Bonni v St. Joseph Health Sys., 13 Cal. App. 5th 851 (2017), review granted, 224 Cal. Rptr. 3d 684; S244148/G052367
Petition for review after reversal granting anti-SLAPP motion. Further action in this matter deferred pending consideration and disposition of a related issue in Wilson v. Cable News Network, Inc. S239686 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to Cal. Rules of Court, rule 8.520, is deferred pending further order of the court. Holding for lead case.
Alameda Cnty. Deputy Sheriff's Assn. v. Alameda Cnty. Employees' Retirement Assn., 227 Cal. Rptr. 3d 787 (2018), review granted, 230 Cal. Rptr. 3d 681 (2018); S247095/A141913
Petition for review after affirmance in part and reversal in part of judgment. Did statutory amendments to the County Employees' Retirement Law (Cal. Gov't. Code §§ 31450 et seq.) made by the Public Employees' Pension Reform Act of 2013 (Cal. Gov't Code §§ 7522 et seq.) reduce the scope of the pre-existing definition of pensionable compensation and thereby impair employees' vested rights protected by the contracts clauses of the state and federal Constitutions? Fully briefed.
Cal Fire Local 2881 v. California Public Employees' Retirement Sys. 7 Cal. App. 5th 115 (2016), review granted, 216 Cal. Rptr. 3d 119 (2017); S239958/A142793
Petition for review after affirmance of judgment on writ of administrative mandate. (1) Was the option to purchase additional service credits pursuant to Government Code § 20909 (known as "airtime service credits") a vested pension benefit of public employees enrolled in CalPERS? (2) If so, did the Legislature's withdrawal of this right through the enactment of the Public Employees' Pension Reform Act of 2013 (PEPRA) (Government Code §§ 7522.46, 20909(g)), violate the contracts clauses of the federal and state Constitutions? Fully briefed.
Hipsher v. Los Angeles Cnty. Employees, 234 Cal. Rptr. 3d 564 (2018), review granted, 237 Cal. Rptr. 3d 791 (2018); S250244/B276486 & B276486M
Petition for review after affirmance and modification of grant of peremptory writ of mandate. Further action deferred pending consideration and disposition of a related issue in Alameda Cnty. Deputy Sheriffs' Assn. v. Alameda Cnty. Employees' Retirement Assn., S247095 (see Cal. Rules of Court, rule 8.512(d) (2)), or pending further order of the court. Holding for lead case.
Marin Ass'n of Public Employees v. Marin Cnty. Employees' Retirement Ass'n, 2 Cal. App. 5th 674 (2016), review granted, 210 Cal. Rptr. 3d 15 (2016); S237460/A139610
Petition for review after affirmance sustaining demurrer without leave to amend. Further action deferred...
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