June 16, 2011
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, June 15, 2011. The summary includes those civil cases in which (1) review has been granted (not including grant-and-transfers), (2) review has been denied but one or more justices has voted for review, (3) the Court has ordered depublished an opinion of the Court of Appeal, or (4) the Court has denied a Court of Appeal’s publication request.
County of Los Angeles v. Los Angeles County Employee Relations Com’n, S191944—Review Granted—June 15, 2011.
The question presented is whether a county employee who is not a union member has a reasonable expectation of privacy in personal information provided to his or her employer, and whether such an employee is entitled to notice and an opportunity to object before the county discloses that information to a union.
A county filed a petition for a writ of administrative mandamus challenging the county employee relations commission’s decision to compel the county to disclose its employees’ contact information to a union. The trial court denied the petition. The Court of Appeal, Second District, Division Three, held in a published opinion, County of Los Angeles v. Los Angeles County Employee Relations Com’n (2011) 192 Cal.App.4th 1409, that the privacy provision in Article I, section 1, of the California Constitution requires notice and an opportunity to object before personal information is disclosed. As a matter of first impression, the court analogized the issue to personal information ordered disclosed in civil litigation.
Review Denied (with dissenting justices)
Court of Appeal Publication Request Denied