February 17, 2017

Summary of February 15, 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 Wednesday, February 15, 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

Goonewardene v. ADP, LLC, S238941 – Review Granted – February 15, 2017

This case presents the following question:  Does an aggrieved employee in a lawsuit based on unpaid overtime have viable claims against the outside vendor that performed payroll services under a contract with the employer?

In a published opinion, Goonewardene v. ADP, LLC (2016) 5 Cal.App.5th 154, the Court of Appeal, Second District, Division Four, reversed the trial court’s dismissal of the plaintiff employee’s claims against an outside payroll services vendor related to alleged violations of labor laws and inadequate compensation.  The court reversed because the trial court denied the plaintiff leave to file an amended complaint asserting claims for breach of contract, negligent misrepresentation, and negligence against the vendor.

Review Denied (with dissenting justices)





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