Cases Pending Before the California Supreme Court

• Publication year: 2023
• Author: Phyllis W. Cheng

CASES PENDING BEFORE THE CALIFORNIA SUPREME COURT

AUTHOR^*

Phyllis W. Cheng

ARBITRATION

Quach v. Cal. Commerce Club, Inc., 78 Cal. App. 5th 470 (2022), review granted, 297 Cal. Rptr. 3d 592 (Mem) (Aug. 24, 2022); S275121/B310458

Petition for review after reversal of order denying petition to compel arbitration. Does California's test for determining whether a party has waived its right to compel arbitration by engaging in litigation remain valid after the United States Supreme Court decision in Morgan v. Sundance, Inc., ___ U.S. ___ [142 S.Ct. 1708] (2022)? Fully briefed. Ramirez v. Charter Communications, Inc., 75 Cal. App. 5th 365 (2021), review granted, 2022 WL 2037698 (Mem) (Jun. 1, 2022); S273802/B309408

Petition for review after affirmance of order denying petition to compel arbitration. Did the Court of Appeal err in holding that a provision of an arbitration agreement allowing for recovery of interim attorney's fees after a successful motion to compel arbitration, was so substantively unconscionable that it rendered the arbitration agreement unenforceable? Fully briefed.

COVID-19

Kuciemba v. Victory Woodworks, 31 F.4th 1268 (9th Cir. 2022); cert. granted (Jun. 22, 2022); S274191/9th Cir. No. 21-15963

Request under California Rules of Court, rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. (1) If an employee contracts COVID-19 at his workplace and brings the virus home to his spouse, does California's derivative injury doctrine bar the spouse's claim against the employer? (2) Under California law, does an employer owe a duty to the households of its employees to exercise ordinary care to prevent the spread of COVID-19? Fully briefed.

DISCRIMINATION | HARASSMENT | RETALIATION

Bailey v. San Francisco Dist. Attorney's Office, nonpublished opinion, 2020 WL 5542657 (2020), review granted (Dec. 30, 2020); S265223/A153520

Petition for review after affirmance of judgment. Did the Court of Appeal properly affirm summary judgment in favor of defendants on plaintiff's claims of hostile work environment based on race, retaliation, and failure to prevent discrimination, harassment and retaliation? Fully briefed.

Raines v. U.S. Healthworks Med. Group, 28 F.4th 968 (mem) (9th Cir. 2022), cert. granted (Apr. 27 2022); S273630/9th Cir. 21-55229

Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. Does California's Fair Employment and Housing Act, which defines "employer" to include "any person acting as an agent of an employer" (CAL. GOV'T CODE § 12926(d)), permit a business entity acting as an agent of an employer to be held...