Cases Pending Before the California Supreme Court

• Citation: Vol. 28 No. 4
• Publication year: 2014
• Author: By Phyllis W. Cheng

Cases Pending Before the California Supreme Court

By Phyllis W. Cheng

AFTER-ACQUIRED EVIDENCE/UNCLEAN HANDS

Phyllis W. Cheng is Director of the California Department of Fair Employment and Housing. 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."

Horne v. International Union of Painters, 221 Cal. App. 4th 1132 (2013), review granted, 168 Cal. Rptr. 3d 195 (2014). S215870/A135470.

Petition for review granted after affirmance of summary judgment. Briefing deferred pending decision in Salas v. Sierra Chem. Co. Holding for lead case.

Salas v. Sierra Chem. Co., 198 Cal. App. 4th 29 (2011), review granted, 133 Cal. Rptr. 3d 392 (2011). S196568/C064627.

Petition for review granted after affirmance of summary judgment. Did the trial court err in dismissing plaintiff's claims under the Fair Employment and Housing Act on grounds of after-acquired evidence and unclean hands, based on plaintiff's use of false documentation to obtain employment in the first instance? Did Senate Bill No. 1818 (2001-2002 Reg. Session) preclude application of those doctrines in this case? (See Cal. Civ. Code § 3339; Cal. Gov't Code § 7285; Cal. Health & Safety Code § 24000; Cal. Lab. Code § 1171.5.) Submitted; opinion due.

ARBITRATION

Baltazar v. Forever 21, Inc., 212 Cal. App. 4th 221 (2012), review granted, 154 Cal. Rptr. 3d 73 (2013). S208345/B237173.

Petition for review granted after reversal and remand of denial of motion to compel arbitration. Is an arbitration clause in an employment application that provides, "I agree to submit to binding arbitration all disputes and claims arising out of the submission of this application" unenforceable as substantively unconscionable for lack of mutuality, or does the language create a mutual agreement to arbitrate all such disputes? (See Roman v. Superior Court, 172 Cal. App. 4th 1462 (2009).) Fully briefed.

Brown v. Superior Court (Morgan Tire and Auto), 216 Cal. App. 4th 1302 (2013), review granted, 161 Cal. Rptr. 3d 699 (2013). S211962/H037271.

Petition for review granted after grant of petition for arbitration. Briefing deferred pending consideration and disposition of related issue in Iskanian v. CLS Transp. of Los Angeles. Holding for lead case.

Franco v. Arakelian Enters., Inc., 211 Cal. App. 4th 314 (2012), review granted, 152 Cal. Rptr. 3d 422 (2013). S207760/B232583.

Petition for review granted after affirmance of order denying motion to compel arbitration. Briefing deferred pending decision in Iskanian v. CLS Transp. of Los Angeles. Holding for lead case.

Iskanian v. CLS Transp. of Los Angeles, 206 Cal. App. 4th 949 (2011), review granted, 147 Cal. Rptr. 3d 324 (2012). S204032/B235158.

Petition for review granted after affirmance of order granting motion to compel arbitration and dismissing class claims. (1) Did AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) impliedly overrule Gentry v. Superior Court, 42 Cal. 4th 443 (2007) with respect to contractual class action waivers in the context of non-waivable labor law rights? (2) Does the high court's decision permit arbitration agreements to override the statutory right to bring representative claims under the Private Attorneys General Act of 2004 (Cal. Lab. Code §§ 2698-2699.5) (3) Did defendant waive its right to compel arbitration? Submitted; opinion due.

Leos v. Darden Restaurants, 217 Cal. App. 4th 473 (2013), review granted, 161 Cal. Rptr. 3d 699 (2013). S212511/B241630.

Petition for review granted after reversal of denial of motion compelling arbitration. Briefing deferred pending consideration and disposition of related issue in Baltazar v. Forever 21, Inc. Holding for lead case.

Mayers v. Volt Mgmt. Corp., 203 Cal. App. 4th 1194 (2012), review granted, 142 Cal. Rptr. 3d 807 (2012). S200709/G045036.

Petition for review granted after affirmance of order denying motion to compel arbitration. Briefing deferred pending decision in Sanchez v. Valencia Holding Co. LLC. Holding for lead case.

Reyes v. Liberman Broadcasting, 208 Cal. App. 4th 1537 (2012), review granted, 149 Cal. Rptr. 3d 675 (2012). S205907/B235211.

Petition for review...