There is still no hearing date for oral argument in Martinez v. Combs (Cal. S. Ct. Case No. S121552) 2003 WL 22708950. The Supreme Court granted review on the following issue:
“Can the officers and directors of a corporate employer personally be held civilly liable for causing the corporation to violate the statutory duty to pay minimum and overtime minimum wages, either on the ground such officers and directors fall within the definition of "employer" in Industrial Welfare Commission Wage Order 9 or on another basis?”
The current appeal, which turns five years old today, was fully briefed in 2006. The only sniff of activity in the case since 2006:
Letter dated July 15, 2008 from William G. Hoerger, lead counsel for Appellants (Martinez et al.) requesting the court not to set oral argument during the period of September 25 through Nov. 7, 2008. He and wife have purchased non-refundable airline tickets for a trip departing 9/25/2008 and returning Nov. 7, 2008.
Perhaps sometimes in 2009 . . . .