April 21, 2017

Summary of April 19, 2017 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on April 19, 2017. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.

Review Granted

Salazar v. Superior Court, S240247– Review Granted and Held – April 19, 2017

The Supreme Court granted review after the Court of Appeal, Second District, Division Eight, summarily denied a petition for writ of mandate in Salazar v.Superior Court (Intermodal Bridge Transport), B280525.  The Court ordered briefing deferred pending its decision in Williams v. Superior Court, S227228, which will be argued on May 4.

Williams presents the following issues: (1) Is the plaintiff in a representative action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.) entitled to discovery of the names and contact information of other “aggrieved employees” at the beginning of the proceeding, or is the plaintiff first required to show good cause in order to have access to such information? (2) In ruling on such a request for employee contact information, should the trial court first determine whether the employees have a protectable privacy interest and, if so, balance that privacy interest against competing or countervailing interests, or is a protectable privacy interest assumed? (See Hill v. National Collegiate Athletic Association (1994) 7 Cal.4th 1; Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360.)

Review Denied (with dissenting justices)




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