October 11, 2011
When Governor Brown vetoed a bill that would have overturned a January California Supreme Court decision permitting warrantless searches of cell phone text messages, he said courts were “better suited” to make such decisions. We failed to note an earlier veto (hat tip: PointofLaw) that more explicitly endorsed the Supreme Court’s work.
The Legislature passed AB 559 to overturn Chavez v. City of Los Angeles (2010) 47 Cal.4th 970, which allowed a trial court to deny attorney fees to a prevailing plaintiff in an action under the California Fair Employment and Housing Act (FEHA) in certain situations. [Disclosure: Horvitz & Levy filed an amicus brief in Chavez in support of the plaintiff.] In his veto message, the governor said, “I think the Supreme Court got it right.” He added, “Judges are in the best position to decide whether to award or deny fees in these instances.”