Cases Pending Before the California Supreme Court
| Jurisdiction | California,United States |
| Author | By Phyllis W. Cheng |
| Publication year | 2018 |
| Citation | Vol. 32 No. 1 |
By Phyllis W. Cheng
Phyllis W. Cheng is a private mediator in Los Angeles (www.Mediate.Work), 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."
Arnaudo Bros. v. Agricultural Labor Relations Bd., 14 Cal. App. 5th 22 (2017), review granted, 2017 Cal. LEXIS 8312, 2017 WL 4844016; 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.
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.
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, 2017 Cal. LEXIS 8572, 2017 WL 5016033; 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.
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 et seq.) is challenged in the court of appeal, what standard of review applies to PERB's interpretation of the applicable statutes and its findings of fact? (2) Is a public agency's duty to "meet and confer" under the Act limited to situations in which the agency's governing body proposes to take formal action affecting employee wages, hours, or other terms and conditions of employment? Fully briefed.
Liberty Surplus Ins. Corp. v. Ledesma & Meyers Constr. Co., Inc., 9th Cir. No. 14-56120; 834 F.3d 998 (2016); S236765
Request under California Rules of Court, rule 8.548, that the California Supreme Court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit...
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