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Monday, May 23, 2011

Cal. Supremes Grant and Hold in Another Brinker Case

On May 18, 2011, the California Supreme Court granted review in Tien v. Tenet Healthcare Corp. (2/16/11) (blogged here) pending its decision in Brinker. I've lost track of the number of Brinker grant-and-holds. Here are the ones I can think of of the top of my head: Brinkley, Bradley, Faulkinbury & Boyd, Hernandez v. Chipotle. I forgot Brookler v. Radioshack. I probably forgot some others, too. Up next is the May 10 decision in Lamps Plus.

It's been suggested that the length of time that Brinker has been on review is a good sign for the plaintiffs because it means that the Court is really digging into the legislative history of the code and the Wage Orders, as it did not Martinez v. Combs, and that all takes a lot of time. Entirely possible. I would love it if they would schedule oral argument so we could start the clock on their decision.

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