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WILLIAMS v. S.C. (MARSHALLS OF CA)

Amicus Curiae Brief of California Employment Lawyers Association

33 Cited authorities

  1. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 800 times   82 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

  2. Arias v. Superior Court (Angelo Dairy)

    46 Cal.4th 969 (Cal. 2009)   Cited 579 times   13 Legal Analyses
    Holding that proof of a Labor Code violation is a prerequisite to recovery of PAGA penalties

  3. Jones v. Lodge at Torrey Pines Partn.

    42 Cal.4th 1158 (Cal. 2008)   Cited 286 times   7 Legal Analyses
    Holding that an employer may be liable for retaliation under FEHA, "but nonemployer individual may not be held personally liable for their role in that retaliation"

  4. Baumann v. Chase Inv. Servs. Corp.

    747 F.3d 1117 (9th Cir. 2014)   Cited 133 times   4 Legal Analyses
    Holding that PAGA is not a class action but "a civil enforcement action filed on behalf of and for the benefit of the state"

  5. Franco v. Athens Disposal Co., Inc.

    171 Cal.App.4th 1277 (Cal. Ct. App. 2009)   Cited 108 times   1 Legal Analyses
    Holding appealable an order finding class arbitration waiver enforceable and compelling arbitration of individual claims as "the ‘death knell’ of class litigation through arbitration" without addressing the general nonappealability of an order compelling arbitration

  6. Belaire-W. Landscape, Inc. v. Superior Court

    149 Cal.App.4th 554 (Cal. Ct. App. 2007)   Cited 92 times   8 Legal Analyses
    Denying writ petition seeking to overturn trial court order granting plaintiffs' motion to compel identification of potential class members in wage and hour lawsuit through opt-out letter; "[w]hile it is unlikely that the employees anticipated broad dissemination of their contract information . . ., that does not mean that they would wish it to be withheld from a class action plaintiff who seeks relief for violations of employment laws"

  7. Kobzoff v. Los Angeles County Harbor/UCLA Medical Center

    19 Cal.4th 851 (Cal. 1998)   Cited 111 times
    Affirming § 1038 cost award where lower courts held medical malpractice and negligence claims brought by estate of mental patient were barred by Government Code § 856.2, which specifically provides immunity for the injury or death of an escaping mental patient

  8. Greyhound Corp. v. Superior Court

    56 Cal.2d 355 (Cal. 1961)   Cited 291 times   3 Legal Analyses
    In Greyhound, the plaintiff in a personal injury suit arising from a car accident sought written statements that had been obtained from witnesses by the defendant's insurance adjusters and investigators.

  9. Reyes v. Macy's, Inc.

    202 Cal.App.4th 1119 (Cal. Ct. App. 2011)   Cited 58 times   1 Legal Analyses
    Holding that a PAGA claimant may not bring an individual PAGA claim

  10. Obregon v. Superior Court

    67 Cal.App.4th 424 (Cal. Ct. App. 1998)   Cited 77 times
    Reviewing court first determines "whether substantial evidence supports the factual basis on which the trial court acted," then determines whether the order to impose sanctions was an abuse of discretion "in light of those facts"

  11. Section 2699 - Civil penalty; civil action by aggrieved employee to recover

    Cal. Lab. Code § 2699   Cited 1,288 times   33 Legal Analyses
    Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees

  12. Section 2030.300 - Motion for order compelling further response

    Cal. Code Civ. Proc. § 2030.300   Cited 107 times   1 Legal Analyses
    Propounding party may move for an order compelling further response if answer is evasive or incomplete, or if an objection is without merit or too general

  13. Section 98.3 - Prosecution of actions by commissioner

    Cal. Lab. Code § 98.3   Cited 29 times

    (a) The Labor Commissioner may prosecute all actions for the collection of wages, penalties, and demands of persons who in the judgment of the Labor Commissioner are financially unable to employ counsel and the Labor Commissioner believes have claims which are valid and enforceable. The Labor Commissioner may also prosecute actions for the return of worker's tools which are in the illegal possession of another person. (b) The Labor Commissioner may prosecute action for the collection of wages and

  14. Section 2031.030 - Requirements of demand

    Cal. Code Civ. Proc. § 2031.030   Cited 15 times

    (a) (1) A party demanding inspection, copying, testing, or sampling shall number each set of demands consecutively. (2) A party demanding inspection, copying, testing, or sampling of electronically stored information may specify the form or forms in which each type of electronically stored information is to be produced. (b) In the first paragraph immediately below the title of the case, there shall appear the identity of the demanding party, the set number, and the identity of the responding party

  15. Section 2689 - Procedures governing hearing

    Cal. Lab. Code § 2689   Cited 13 times

    To facilitate the conduct of the hearing, the following procedures shall govern: (a) Upon good cause shown by a party, the chairperson shall be empowered to issue subpoenae duces tecum and ad testificandum. (b) Each party may be represented by an attorney at the party's own expense. (c) The formal rules of evidence shall not be applicable, but any relevant evidence shall be admitted if it is evidence upon which responsible persons would rely in the conduct of serious business affairs. (d) All testimony

  16. Section 2030.210 - Methods of responding; requirements

    Cal. Code Civ. Proc. § 2030.210   Cited 11 times   1 Legal Analyses

    (a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following: (1) An answer containing the information sought to be discovered. (2) An exercise of the party's option to produce writings. (3) An objection to the particular interrogatory. (b) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity

  17. Section 92 - Power of subpoena

    Cal. Lab. Code § 92   Cited 10 times

    The Labor Commissioner, his deputies and agents, may issue subpenas to compel the attendance of witnesses and parties and the production of books, papers and records; administer oaths; examine witnesses under oath; take the verification, acknowledgment, or proof of written instruments; and take depositions and affidavits for the purpose of carrying out the provisions of this code and all laws which the division is to enforce. Ca. Lab. Code § 92 Amended by Stats. 1951, Ch. 960.

  18. Section 93 - Disregard of subpoena; penalty

    Cal. Lab. Code § 93   Cited 9 times

    Obedience to subpoenas issued by the Labor Commissioner, or his deputies or agents shall be enforced by the courts. It is a misdemeanor to ignore willfully such a subpoena if it calls for an appearance at a distance from the place of service of 100 miles, or less. Ca. Lab. Code § 93 Amended by Stats. 1976, Ch. 1190.

  19. Section 90 - Access to places of labor

    Cal. Lab. Code § 90   Cited 2 times

    The Labor Commissioner, his deputies and agents, shall have free access to all places of labor. Any person, or agent or officer thereof, who refuses admission to the Labor Commissioner or his deputy or agent or who, upon request, willfully neglects or refuses to furnish them any statistics or information, pertaining to their lawful duties, which are in his possession or under his control, is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000). Ca. Lab. Code

  20. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,146 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or