Cases Pending Before the California Supreme Court

• Jurisdiction: California,United States
• Author: By Phyllis W. Cheng
• Publication year: 2018
• Citation: Vol. 32 No. 2

Cases Pending Before the California Supreme Court

By Phyllis W. Cheng

Phyllis W. Cheng is mediator resolving all types of employment disputes at ADR Services, Inc. She prepares CLA's 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."

Agricultural Labor Relations Act

Arnaudo Bros. v. Agricultural Labor Relations Bd., 14 Cal. App. 5th 22 (2017), review granted, 224 Cal. Rptr. 3d 413 (2017); S244322/F072420

Petition for review by respondent Agricultural Labor Relations Board granted. Further action deferred pending consideration and disposition of a related issue in Tri-Fanucchi Farms v. Agricultural Labor Relations Board, S227270 (decided Nov. 27, 2017), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court. Holding for lead case.

Arbitration

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? Opening brief due.

Consumer Credit Reporting Agencies Act

Connor v. First Student, Inc., 239 Cal. App. 4th 526 (2015), review granted, 195 Cal. Rptr. 3d 1 (2015); S229428/B256075

Petition for review after reversal of judgment. Is the Investigative Consumer Reporting Agencies Act (Civil Code §§ 1786-1786.60) unconstitutionally vague as applied to background checks conducted on a company's employees, because persons and entities subject to both that Act and the Consumer Credit Reporting Agencies Act (Civil Code §§ 1785.1-1785.36) cannot determine which statute applies? Fully briefed.

Discrimination / Harassment / Retaliation

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? Reply brief due.

Bonni v St. Joseph Health Sys., 13 Cal. App. 5th 851 (2017), review granted, 224 Cal. Rptr. 3d 684 (2017); S244148/G052367

Petition for review granted. 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.

Meyers-Milias-Brown Act

Boling v. Public Employment Relations Bd., 10 Cal. App. 5th 853 (2017), review granted, 220 Cal. Rptr. 3d 671 (2017); S242034/D069626, D069630

Petition for review after annulment of decision of the Public Employment Relations Board (PERB). (1) When a final decision of PERB under the Meyers-Milias-Brown Act (Government Code §§ 3500-3510) is challenged in the court of appeal, what standard of review applies to PERB's interpretation of the applicable statutes and...