[UPDATED THROUGH OCTOBER 9, 2013]
What Is the Standard of Review When Challenging Housing Ordinances?
After the Court of Appeal reversed the judgment in a civil action, the Court granted review on the following issue: What standard of judicial review applies to a facial constitutional challenge to inclusionary housing ordinances that require set asides or in-lieu fees as a condition of approving a development permit? (See San Remo Hotel L.P. v. City & County of San Francisco (2002) 27 Cal.4th 643, 670.) California Building Industry Assn. v. City of San Jose, S212072 (opinion below H038563, formerly 216 Cal.App.4th 1373). Review was granted 9/11/13.
What Makes a Valid Class When Challenging Status as Employees v. Independent Contractors? After the Court of Appeal affirmed in part and reversed in part an order denying class certification, the Court accepted review on questions concerning the determination of whether common issues predominate in a proposed class action relating to claims that turn on whether members of the putative class are independent contractors or employees. Ayala v. Antelope Valley Newspapers, Inc. S206874 (opinion below B235484, formerly 210 Cal.App.4th 77). Review was granted on 1/30/13. Update 6/26/13: The Court orders supplemental letter briefs discussing the relevance of Martinez v. Combs (2010) 49 Cal.4th 35, 52-57, 73, and IWC wage order No. 1-2001, subdivision 2(D)-(F) (Cal. Code Regs., tit. 8, § 11010, subd. 2(D)-(F)), with additional reference to Sotelo v. Medianews Group, Inc. (2012) 207 Cal.App.4th 639, 660-662 and Bradley v. Networkers Internat., LLC (2012) 211 Cal.App.4th 1129, 1146-1147.
Is a Commercial Property Owner Required to Maintain a Defibrillator?
In response to a request under C.R.C., rule 8.548 by the United States Court of Appeals for the Ninth Circuit, the Court will address this issue: In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an Automatic External Defibrillator (‘AED’) for cases of sudden cardiac arrest? Verdugo v. Target Corp., S207313 (the 9th Cir. order, No. 10-57008; __ F.3d __, 2012 WL 6199193). Certification was granted on 1/16/13.
Does a Victory on Procedural Grounds Support Attorney Fees under Civil Code § 1717? After the Court of Appeal affirmed an award of attorney fees the Court granted review on the following issue: Is a party who obtains the dismissal of a contract action entirely on procedural grounds entitled to an award of attorney fees under Civil Code § 1717 as the prevailing party in an action on a contract? Kandy Kiss of California, Inc. v. Tex-Ellent, Inc., S206354 (opinion below B234541, formerly 209 Cal.App.4th 604). Review was granted on 1/16/13.
How Can Multistate Business Income Taxes Be Apportioned? After the Court of Appeal reversed the judgment in a civil action, the Court granted review on the following issue: Were multistate taxpayers required to apportion business income according to the formula set forth in Revenue and Taxation Code § 25128 as amended in 1993 or could they elect to apportion income according to the formula set forth in former Revenue and Taxation Code § 38006 pursuant to the adoption of the Multistate Tax Compact in 1974? The Gillette Co. v. Franchise Tax Bd., S206587 (opinion below, A130803, and opinion on rehearing, formerly 209 Cal.App.4th 938), review granted 1/16/13.
What is the Vicarious Liability of a Franchisor for the Tortious Conduct of a Supervising Employee of a Franchisee? After the Court of Appeal reversed a summary judgment, the court limited review to this issue: Whether the defendant franchisor is entitled to summary judgment on plaintiff’s claim that it is vicariously liable for tortious conduct by a supervising employee of a franchisee. Patterson v. Domino’s Pizza, LLC, S204543 (opinion below B235099, formerly 207 Cal.App.4th 385), review granted 10/10/12. Update 2/13/13: Review granted in Monarrez v. Automobile Club of Southern California, S207726 (opinion below B233512, formerly 211 Cal.App.4th 177, as modified 211 Cal.App.4th 701a). Briefing was deferred pending a decision in Patterson.
Did the U.S. Supreme Court Overrule Provisions of California Labor Law?
In reviewing an order compelling arbitration and dismissing class claims, the court granted review on the following issues: (1) Did AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S. Ct. 1740, 179 L.Ed.2d 742] impliedly overrule Gentry v. Superior Court (2007) 42 Cal.4th 443 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 Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.)? (3) Did defendant waive its right to compel arbitration? Iskanian v. CLS Transportation Los Angeles, LLC, S204032 (opinion below, B235158, formerly 206 Cal.App.4th 949), review granted on 9/19/12. Update 10/29/12: Review granted in Caron v. Mercedes-Benz Financial Services USA LLC, S205263 (opinion below, G044550, formerly 208 Cal.App.4th 7), with briefing deferred pending resolution of Iskanian. Update 12/12/12: Review granted in Reyes v. Liberman Broadcsting, Inc., S205907 (opinion below B235211, formerly 208 Cal.App.4th 1537), with briefing deferred pending resolution of Iskanian. Update 2/13/13: Review granted in Franco v. Arakelian Enterprises, Inc., S207760 (B232583, formerly 211 Cal.App.4th 314, as modified). Briefing was deferred pending a decision in Iskanian. Update 4/10/13: Review granted in Flores v. West Covina Auto Group, LLC, S208716 (opinion below B238265, formerly 212 Cal.App.4th 895), with briefing deferred pending a decision in Iskanian. Update 9/11/13: Review granted in Brown v. Superior Court S211962 (opinion below H037271, formerly 216 Cal.App.4th 1302), with briefing deferred pending a decision in Iskanian.
Do Forced Disclosures by Pharmaceutical Claims Processors Violate the California Constitution? In response to a request under C.R.C., rule 8.548 by the United States Court of Appeals for the Ninth Circuit, the court will address this issue: Does Cal. Civil Code § 2527 (which requires certain disclosures by prescription drug claims processors) compel speech in violation of art. I, § 2 of the California Constitution? Beeman v. Anthem Prescription Management, LLC, S203124. The request was made at 682 F.3d 779. Certification was granted on 7/18/12. Update 8/28/13: Oral argument scheduled for 10/9/13. The briefs are here. Update 10/9/13: Case argued and submitted.
Class Certification of Wage and Hour Classification Claims. This case presents issues concerning the certification of class actions in wage and hour misclassification litigation and the use of representative testimony and statistical evidence at trial of such a class action. Duran v. U.S. Bank National Assn., S200923 (opinion below A125557, formerly 203 Cal.App.4th 212, as modified 203 Cal.App.4th 1042b). Review was granted 5/16/12.
Does the FAA Preempt State Consumer Protections Against Mandatory Arbitration? Does the Federal Arbitration Act (9 U.S.C. § 2), as interpreted in AT&T Mobility LLC v. Concepcion (2011) 563 U. S. __, 131 S.Ct. 1740, preempt state law rules invalidating mandatory arbitration provisions in a consumer contract as procedurally and substantively unconscionable? Sanchez v. Valencia Holding Co. LLC, S199119 (opinion below B228027, formerly 201 Cal.App.4th 74), review granted 3/21/12. Update 5/9/12: Review granted in Buzenes v. Nuvell Financial Services, S200376 (opinion below B221870, nonpublished). Briefing deferred pending decision in Sanchez. Update 6/13/12: Review granted in Mayers v. Volt Management Corp., S200709 (opinion below G045036, formerly 203 Cal.App.4th 1194). Briefing deferred pending decision in Sanchez. Update 12/19/12: Review granted in Goodridge v. KDF Automotive Group, Inc., S206153 (opinion below D060269, formerly 209 Cal.App.4th 325), with briefing deferred pending the resolution of Sanchez. Update 5/1/13: review granted in Natalini v. Import Motors, Inc., S209324 (opinion below A133236, formerly 213 Cal.App.4th 587), with briefing deferred pending the resolution of Sanchez. Update 6/12/13: review granted in Compton v. Superior Court, S210261 (opinion below B236669, formerly 214 Cal.App.4th 873), with briefing deferred pending the resolution of Sanchez. Update 6/26/13: Review granted in Vasquez v. Greene Motors, Inc., S210439 (opinion below A134829, originally 214 Cal.App.4th 1172, as modified 215 Cal.App.4th 764a), with briefing deferred pending the resolution of Sanchez. Update 8/21/13: Review granted in Vargas v. SAI Monrovia B, Inc., S212033 (opinion below B237257, formerly 216 Cal.App.4th 1269), with briefing deferred pending the resolution of Sanchez.
Can Attempts to Prolong Patent Life be Challenged Under the Cartwright Act?
May a suit under the Cartwright Antitrust Act (Bus. & Prof. Code, § 16720 et seq.) be brought to challenge “reverse exclusionary payments” made by pharmaceutical manufacturers to settle patent litigation with generic drug producers and prolong the life of the patents in question? In re Cipro Cases I & II, S198616 (opinion below D056361, formerly 200 Cal.App.4th 442), review granted 2/15/12. Update 6/26/13: The Court directs the parties to submit supplemental briefs discussing the relevance of Federal Trade Com. v. Actavis, Inc. (June 17, 2013, No. 12-416) __ U.S. __ [2013 WL 2922122] to the issues in this case. Update 7/10/13: Request for stay granted pending class action settlement approval proceedings in San Diego County Superior Court.
Are Claims of State Labor and Insurance Laws Violations Preempted by the Federal Aviation Administration Authorization Act? Is an action under the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.) that is based on a trucking company’s alleged violation of state labor and insurance laws “related to the price, route, or service” of the company and, therefore, preempted by the Federal Aviation Administration Authorization Act of 1994 (49 U.S.C. § 14501)? People ex re. Harris v. Pac Anchor Transportation, Inc., S194388 (opinion below B220966, formerly 195 Cal.App.4th 765), review granted 8/10/11. Update 6/26/13: Court orders supplemental briefing addressing the effect of American Trucking Associations, Inc. v. City of Los Angeles (2013) 569 U.S. ___ [2013 U.S. LEXIS 4539], and Dan's City Used Cars, Inc. v. Pelkey (2013) 569 U.S. ___ [133 S. Ct. 1769] on the issue of preemption by the Federal Aviation Administration Authorization Act of 1994.
Can a Consumer Sue a Retailer For Erroneously Charging Sales Tax? Does art. XIII, § 32 of the California Constitution or Rev. and Tax. Code § 6932 bar a consumer from filing a lawsuit against a retailer under the Unfair Competition Law (Bus. & Prof. Code §§ 17200 et seq.) or the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.) alleging that the retailer charged sales tax on transactions that were not taxable? Loeffler v. Target Corp., S173972 (opinion below B199287, formerly 173 Cal.App.4th 1229), review granted 9/9/09. Update: 11/19/09: Review granted inYabsley v. Cingular Wireless, LLC, S176146 (opinion below B198827, formerly 176 Cal.App.4th 1156), briefing deferred pending decision in Loeffler. Update 4/11/13: The Court requested supplemental briefing on the following issue: whether and, if so, in what manner the doctrine of primary jurisdiction (see Jonathan Neil & Assoc., Inc. v. Jones (2004) 33 Cal.4th 917, 931-937), appropriately may be invoked and applied in the present case, including whether the issue was preserved in the trial and appellate courts and whether article XIII, section 32 of the California Constitution would be implicated by applying the doctrine.