Thursday, May 19, 2011

California Supreme Court Grants Review in Tien v. Tenet Healthcare

On May 18, 2011, the California Supreme Court granted review of the Second District (Division 8) opinion upholding denial of certification of meal break claims in Tien v. Tenet Healthcare, 192 Cal. App. 4th 1055 (2011). This comes on the heels of the Court taking the same action with regard Division 8’s opinion in Hernandez v. Chipotle Mexican Grill, Inc., Case No. S188755 (discussed here), teeing up the same action to be taken for Division 8’s recent publication of an identical opinion last week in Lamps Plus Overtime Cases, __ Cal.App.4th __ (2011)).

Per the Court's website, briefing in Tien is stayed pending the Court’s decision in Brinker:
The petition for review is granted. Further action is this matter is deferred pending consideration and disposition of a related issue in Brinker Restaurant 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, and Corrigan, JJ.

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