The petition for review is granted. Further action is this matter is deferred pending consideration and disposition of a related issue in Brinker Restaurant Corp. v. Superior Court, S166350 (see Cal. rules of Court, rule 8.524 (c)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.528, is deferred pending further order of the court. Votes: Cantil-Sakauye, C.J., Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ.
Wednesday, January 26, 2011
California Supreme Court Issues “Grant and Hold” in Hernandez v. Chipotle Mexican Grill Pending its Decision in Brinker:
On January 26, 2011, the California Supreme Court granted review of the Second District’s decision in Hernandez v. Chipotle Mexican Grill, 189 Cal. App. 4th 751 (2010), pending the Court decision in Brinker Restaurant Corp. v. Superior Court. The Court's action should come as no surprise, as the Hernandez opinion essentially mirrored the Brinker decision. The Court’s Order, which deprives Hernandez of value as precedent, is was as follows: