As of last week, there are now seven Brinker "grant and hold" cases. The seventh is In re Lamps Plus Overtime Cases, no. S194064 (review granted 07/20/11). Here are my amicus letter in support of review and my depublication request.
There may be an eighth "grant and hold" before long. UPDATE: On September 28, 2011, the Supreme Court took up the eighth "grant and hold" case, Santos v. Vitas Healthcare, no. S195866.
I've updated my Brinker page to include a link to the amicus brief that the Supreme Court allowed Rogelio Hernandez (represented by Michael Rubin of Altshuler Burzon in San Francisco) to file after his case (Hernandez v. Chipotle Mexican Grill) became the fifth "grant and hold" in January. Brinker filed an answer to that brief in March.
Last week we filed a supplemental brief under Rule of Court 8.520(d)(1) to address the impact of Martinez v. Combs, 49 Cal.4th 35 (2010).
Also last week, the Daily Journal ran a front-page article (available by subscription only) on Brinker. Evidently, the reporter asked the Chief Justice when the case would be set for argument, but she declined to say. I am quoted in the article, along with Jim Finberg of Altshuler Berzon and Eric Kingsley of Kingsley & Kingsley. Brinker's counsel Rex Heinke of Akin Gump is also mentioned in the article.
I am informed that a more detailed article is in the works and will appear in California Lawyer magazine in August or September. UPDATE: The article ran in the August 2011 issue of California Lawyer and is available at this link.
[Disclosure: I am appellate counsel for the workers in this case.]