May 20, 2011

Summary of May 18, 2011 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, May 18, 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.

Review Granted

Tien v. Tenet Healthcare, S191756—Review Granted & Held—May 18, 2011.

This is a putative class action by hospital employees for wage, hour and pay stub violations. In a published decision, Tien v. Tenet Healthcare Corp. (2011) 192 Cal.App.4th 1055, the Court of Appeal, Second District, Division Eight, affirmed an order denying class certification. The question presented is whether, under Labor Code section 512, subdivision (a), an employer is required to “ensure” that its employees take meal and rest breaks or whether the employer must simply “provide” those breaks. The Supreme Court ordered briefing deferred pending its decision in Brinker Restaurant Corp. v. Superior Court (Hohnbaum), which raises the same issue. Brinker is fully briefed and awaiting oral argument.

Review Denied (with dissenting justices)

None.

Depublished

None.

Court of Appeal Publication Request Denied

None.

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