Two Supreme Court opinions to be handed down tomorrow
The Supreme Court just announced that it will hand down two new opinions tomorrow at 10:00 a.m. While they are not strictly related to the UCL, they do sound very interesting, especially the second one, which addresses attorneys' fees under the private attorney general doctrine of Code of Civil Procedure section 1021.5:
ROSS (GARY) v. RAGINGWIRE TELECOMMUNICATIONS, INC.
S138130 (C043392 – Sacramento County Superior Court – 02AS05476)
Argued in Sacramento 11-06-07This case includes the following issue: When a person who is authorized to use marijuana for medical purposes under the California Compassionate Use Act (Health & Saf. Code, § 11362.5) is discharged from employment on the basis of his or her off-duty use of marijuana, does the employee have either a claim under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) for unlawful discrimination in employment on the basis of disability, or a common law tort claim for wrongful termination in violation of public policy?
ADOPTION OF JOSHUA S., A MINOR.
S138169 (D045067 – San Diego County Superior Court – JA46053)
Argued in Sacramento 11-06-07This case presents the following issue: Was the plaintiff in a civil action that was brought to confirm the validity of a so-called second parent adoption (see Sharon S. v. Superior Court (2003) 31 Cal.4th 417) entitled to attorney fees under Code of Civil Procedure section 1021.5 for enforcing an important right affecting the public interest, when the plaintiff had a strong and significant, but nonpecuniary, individual private interest in pursuing the litigation?
When the opinions come down, they will be available at these links:
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Ross v. Ragingwire Telecommunications, Inc., ___ Cal.4th ___ (Jan. 24, 2007)
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Adoption of Joshua S., ___ Cal.4th ___ (Jan. 24, 2007)