Happy New Year to all readers of this blog! I hope everyone had a great holiday season.
On Wednesday, January 14, 2015, the Supreme Court granted review in Solus Industrial Innovations v. Superior Court (People), No. S222314. The Court's two newest justices joined in the unanimous vote to take up the case.
In this UCL public prosecutor action, the Orange County District Attorney seeks civil penalties against an employer for violating California's workplace safety standards. In its original opinion, the Court of Appeal (Fourth Appellate District, Division Three) held that the UCL claim was preempted by Fed/OSHA (the federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.)).
My post on the Court of Appeal's original opinion is here.
In July, the Supreme Court issued a "grant and transfer" order directing the Court of Appeal to "reconsider the matter in light of Statutes 1972, chapter 1084, pp. 2020-2021." My post on the "grant and transfer" order is here.
In September, the Court of Appeal issued a new opinion in which it again concluded that the UCL claim was preempted. Solus Industrial Innovations LLC v. Superior Court (People), 229 Cal.App.4th 1291 (2014), review granted. The District Attorney petitioned for review, and the Supreme Court has now taken up the case on the merits.