The Supreme Court granted review today in Brinker Restaurant Corp. v. Superior Court (2008) 165 Cal.App.4th 25. Justice Werdegar was absent for this week's conference. The vote among the participating justices was 6-0 in favor of review.
|10/22/2008||Petition for review granted (civil case)||Werdegar, J., was absent and did not participate. Votes: George, C.J., Kennard, Baxter, Chin, Moreno, and Corrigan, JJ.|
We discussed the opinion when it was published in July; we saw this review coming,
With Brinker and Cicairos presenting such starkly contrasting views on California law, with Brinker presenting so many novel ideas regarding wage and hour claims and class actions, and with so many U.S. District Court cases disagreeing with Cicairos and each other, this case looks like an outstanding candidate for Supreme Court review.
Judging from past performance under the Schwarzenegger administration, which is undoubtedly disappointed by today's decision, the DLSE enforcement memo, on the need to change policies because of Brinker, will probably stay in place until and unless a court invalidates it.