OPINION CU LLAR , J. — Under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, 2698 et seq.), 1 an employee may seek civil penalties for Labor Code violations committed against her and other aggrieved employees by bringing—on behalf of the state—a representative action against her employer. ( 2699, subd. (a).) In Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 [ 173 Cal.Rptr.3d 289 , 327 P.3d 129 ] ( Iskanian ), we held that a court may...
OPINION CANTIL-SAKAUYE , C. J. — This case concerns the relationship between prosecutors' constitutional duty to disclose information to criminal defendants and a statutory scheme that restricts prosecutors' access to some of that information. A prosecutor in a criminal case must disclose to the defense certain evidence that is favorable to the accused. ( Brady v. Maryland (1963) 373 U.S. 83 [10 L.Ed.2d 215, 83 S.Ct. 1194] ( Brady ).) This duty sometimes requires disclosure of evidence...
OPINION KRUGER , J. — The Government Claims Act (Gov. Code, 810 et seq.) authorizes plaintiffs to bring certain tort claims against public entities, while also immunizing public entities from liability in particular circumstances. One of the act's immunity provisions bars any statutory liability that might otherwise exist for injuries resulting from the condition of firefighting equipment or facilities. ( Id., 850.4.) The question presented is whether this immunity provision...
OPINION CORRIGAN , J. Before a local governmental agency may impose or increase certain property-related fees and charges, it must notify affected property owners and hold a public hearing. The hearing requirement arises from article XIII D, section 6 of the California Constitution, 1 which was added in 1996 by Proposition 218. 2 The question here is a narrow one. When an agency considers increasing a property-related fee, must a fee payor challenging the method of fee allocation...
OPINION LIU , J. — Under California law, a creditor can recover a debt secured by a deed of trust on real property through a nonjudicial foreclosure action to sell the property at a public auction. Code of Civil Procedure section 580d provides that a creditor cannot collect a deficiency judgment—that is, the difference between the amount of indebtedness and the fair market value of the property—if the property is sold for less than the amount of the outstanding debt. (All undesignated...
OPINION CHIN , J. — Under California's labor laws, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately." (Lab. Code, 201, subd. (a).) Plaintiffs, security guards at what used to be named AT&T Park in San Francisco and is now named Oracle Park (the park), are suing San Francisco Baseball Associates LLC (the Giants) for allegedly violating this provision. They claim they are discharged after every Giants homestand,...
OPINION CU LLAR , J. — The City of Carson (City) hired Rand Resources, LLC, as its agent to negotiate with the National Football League (NFL) about the possibility of building a football stadium in the City. But Rand Resources eventually sued the City, its mayor, and rival developer Leonard Bloom after the City replaced Rand Resources with Bloom's company. Defendants responded by making a motion under a California statute designed to hasten resolution of certain disputes commonly...
OPINION CHIN , J. — We granted review to determine whether an environmental impact report (EIR), issued as part of a master plan to develop a partial retirement community in Fresno, California, violates the California Environmental Quality Act (CEQA) for failing to include sufficient information on topics the act requires. (Pub. Resources Code, 21000 et seq.) 1 Our task is to review specific challenges to the final EIR 2 that defendant County of Fresno (County) and its board of...
OPINION CHIN , J. — In this case, we decide a procedural question related to the timing of the notice that must precede an unlawful detainer action, where the action is not brought by a landlord but rather by a new owner that has acquired title to the property under a power of sale contained in a deed of trust. The question we decide is whether perfection of title, which includes recording the trustee's deed, is necessary before the new owner serves a three-day written notice to quit...
OPINION LIU , J. — The Labor Code generally provides that employees who work more than five hours must be provided with a 30-minute meal period and that employees who work more than 10 hours must be provided with an additional 30-minute meal period. (Lab. Code, 512, subd. (a); all undesignated statutory references are to this code.) An employee who works no more than six hours may waive the meal period, and an employee who works no more than 12 hours may waive the second meal period. (...
OPINION KRUGER , J. — Plaintiff William Jae Kim (Kim) was severely injured after he lost control of his Toyota Tundra pickup truck and drove off an embankment. Together with his wife, Kim brought this strict products liability suit against defendant Toyota Motor Corporation and related entities (collectively, Toyota), claiming that the pickup truck was defective because its standard configuration did not include a particular safety feature, known as vehicle stability control (VSC), they...
OPINION CHIN , J. — Vehicle Code section 17004.7 (section 17004.7) provides public agencies employing peace officers immunity from damages for collisions resulting from police chases if, but only if, the agency "adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits...." ( 17004.7, subd. (b)(1).) Promulgation of the written policy must include "a requirement that all peace officers of the public agency certify in...
OPINION CU LLAR , J. — A jury convicted defendant Christopher Alan Spencer of murdering James Madden. (Pen. Code, 187; all further undesignated references are to this code.) It also found true the special circumstance allegations that Spencer murdered Madden while robbing him and burglarizing his place of business. ( 190.2, subd. (a)(17).) The jury returned a verdict of death, prompting this automatic appeal. (Cal. Const., art. VI, 11; Pen. Code, 1239, subd. (b).) We affirm the...
OPINION CORRIGAN , J. — When a child is allegedly harmed by in utero exposure to hazardous chemicals, which statute of limitations applies: that for toxic exposure claims (Code Civ. Proc., 340.8, subd. (a)), 1 or that for prenatal injuries ( 340.4) The answer determines the viability of this lawsuit. Because the toxic exposure statute was more recently enacted, and its language plainly encompasses prenatal injuries, we conclude it applies here. The limitations period for toxic...
OPINION LIU , J. — A jury convicted defendant Michael Augustine Lopez of the first degree murder of Ashley D., his girlfriend's 21-month-old granddaughter (Pen. Code, 187, subd. (a); further undesignated statutory references are to the Penal Code), assault resulting in the death of a child under eight years old ( 273ab), and committing lewd and lascivious conduct on a child under the age of 14 ( 288, subd. (b)(1)). The jury found true the special circumstance allegation that the...
OPINION LIU , J. — A jury convicted defendant Richard Penunuri of the first degree murder of Brian Molina, Michael Murillo, and Jaime Castillo (Pen. Code, 187, subd. (a); all statutory references are to this code unless otherwise specified) and conspiracy to commit the murder of Castillo ( 182). He was also found guilty of the second degree robbery of Shawn Kreisher and Randy Cordero ( 211) and assault with a firearm on Carlos Arias ( 245). The jury found true the special...
OPINION CANTIL-SAKAUYE , C. J. — INTRODUCTION AND OVERVIEW Real parties in interest Derrick D. Hunter and Lee Sullivan (defendants) were indicted by a grand jury and await trial on murder, weapons, and gang-related charges arising out of a driveby shooting in San Francisco. Each defendant served a subpoena duces tecum on one or more petitioners, social media service providers Facebook, Inc. (Facebook), Instagram, LLC (Instagram), and Twitter, Inc. (Twitter) (collectively, social media...
OPINION CANTIL-SAKAUYE , C. J. — Pursuant to the Ketchum Act (Food & Agr. Code, 65500 et seq.; sometimes hereafter referred to as the Act), the activities of the California Table Grape Commission (sometimes hereafter referred to as the Commission) are funded by assessments on shipments of California table grapes. Plaintiffs and appellants are five growers and shippers of these grapes. They contend that the collection of assessments under the Act to subsidize promotional speech on...
OPINION CANTIL-SAKAUYE , C.J. — Under both California and federal law, the question whether an individual worker should properly be classified as an employee or, instead, as an independent contractor has considerable significance for workers, businesses, and the public generally. 1 On the one hand, if a worker should properly be classified as an employee, the hiring business bears the responsibility of paying federal Social Security and payroll taxes, unemployment insurance taxes and...
OPINION CU LLAR , J. — People convicted of noncapital murder and certain other criminal offenses in California serve indeterminate sentences that run from a minimum number of years to life, making release possible before the end of their life. The Board of Parole Hearings (the Board) decides, subject to relevant statutory provisions and review by the Governor, whether such prisoners are suitable for release. This case concerns the interaction of those statutory provisions with a...
