October 18, 2013

Summary of October 16, 2013 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, October 16, 2013. 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

Mendiola v. CPS Security Solutions, S212704—Review Granted—October 16, 2013

The question presented is whether the guards that defendants provide for construction site security are entitled to compensation for all nighttime on call hours, or whether defendants may deduct sleep time depending on the structure of the guards’ work shifts.

The Court of Appeal, Second District, Division Four, held in a published opinion, Mendiola v. CPS Security Solutions, Inc. (2013) 217 Cal.App.4th 851, that guards are entitled to compensation for nighttime on call hours when the shift worked is comprised of eight hours on patrol and eight hours on call.  However, the employer is permitted to deduct eight hours of sleep time for guards working 24-hour shifts.

Williams v. Chino Valley Independent Fire District, S213100—Review Granted—October 16, 2013

The question presented is whether a prevailing defendant in an action under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) is required to show that the plaintiff’s claim was frivolous, unreasonable, or groundless in order to recover ordinary litigation costs.

The Court of Appeal, Fourth District, Division Two, held in a published opinion, Williams v. Chino Valley Independent Fire District (2013) 218 Cal.App.4th 73, that ordinary costs are recoverable by a prevailing defendant as a matter of right.

Review Denied (with dissenting justices)

None.

Depublished

None.

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