SCOCAblog by the California Constitution Center and the Hastings Law Journal

Does a Statute Compelling a Business to Enter into a Collective Bargaining Agreement Violate Equal Protection, or the Nondelegation Doctrine?

Gerawan Farming Inc. v. Agriculture Labor Relations Board

22 Feb, 2016

Does a Statute Compelling a Business to Enter into a Collective Bargaining Agreement Violate Equal Protection, or the Nondelegation Doctrine?

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Later this year the California Supreme Court will hear arguments in Gerawan Farming Inc. v. Agriculture Labor Relations Board—a case that has already received a great deal of public attention. At issue are controversial amendments to the Agricultural Labor Relations Act. They purport to authorize the California Agricultural Labor Relations Board to order businesses into binding “interest arbitration.” Under the Mandatory Mediation and Conciliation provisions of the ALRA, the Board issues a binding order, at the request of a petitioning union, forcing a business to enter into mediation over a proposed collective bargaining agreement (CBA), and ultimately—if the union and...

Opinion Analysis: Monterey Peninsula Water Management District v. California Public Utilities Commission

Monterey Peninsula Water Management District v. CPUC

27 Jan, 2016

Opinion Analysis: Monterey Peninsula Water Management District v. California Public Utilities Commission

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On January 25, 2016, in Monterey Peninsula Water Management District v. California Public Utilities Commission, the California Supreme Court issued its first opinion in over twenty years reviewing a California Public Utilities Commission (“CPUC”) decision. The last time the court spoke on the scope of the CPUC’s jurisdiction—in 1995—it ruled that the CPUC’s otherwise broad authority does not allow it to ignore express statutory directives or other clear restrictions on its authority. Assembly v. Public Utilities Commission (1995) at 103–104. After a long hiatus, the court has again clarified the limitations of the CPUC’s jurisdiction: the CPUC does not have...

Advisory Measures and the Legislature’s Power to Investigate

Howard Jarvis Taxpayers Ass'n v. Bowen

25 Jan, 2016

Advisory Measures and the Legislature’s Power to Investigate

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In a recent decision, Howard Jarvis Taxpayers Assn. v. Padilla, the California Supreme Court considered the validity of Proposition 49, which would have asked the electorate whether Congress should propose, and the legislature ratify, a federal constitutional amendment overturning the U.S. Supreme Court decision in Citizens United v. Federal Election Comm. (2010). The court held that the legislature’s investigative power permits it to place advisory measures on the ballot for the electorate’s consideration. For what it’s worth, we concur. The court’s order that the measure be taken off the ballot seemed dramatic enough, as the general rule is that the...

Do felony disenfranchisement laws in California violate the Equal Protection Clause of the Fourteenth Amendment?

Uncategorized

8 Jan, 2016

Do felony disenfranchisement laws in California violate the Equal Protection Clause of the Fourteenth Amendment?

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I.  Introduction Equal protection is once again the doctrine of the day. It figured prominently in the same-sex marriage cases: a losing argument in SCOCA, and the dispositive principle in SCOTUS. As Anne Gordon noted in her recent post entitled “Is SB 277 a denial of the right to education?,” the pending litigation over school funding (which will be heard before the California Court of Appeal on January 27 and is likely to reach SCOCA) also largely turns on equal protection. And there is another issue on the horizon that might ultimately call for SCOCA resolution: felon disenfranchisement. This post...

California Gets an “F” Grade in Judicial Accountability, and We Have Questions

Uncategorized

30 Nov, 2015

California Gets an “F” Grade in Judicial Accountability, and We Have Questions

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The Center for Public Integrity (“CPI”) conducts periodic evaluations of all three branches of government in each state.[1] In the CPI’s just-published report on California, the state judiciary received an F grade. This is a significant drop from the C-minus California received in 2012, the last time the CPI evaluated the state. But the last three years have seen significant advancements in judicial transparency, as the state judiciary has broadened public access to the branch’s records and the state’s counties have continued to expand online access to court records.[2] So how have things gone from “not great” to “failing” in...

Examining the Ninth Circuit’s View on Iskanian v. CLS Transportation Los Angeles, LLC: An Update on California’s Enforcement of Arbitration Clauses

Iskanian v. CLS Transportation / Sakkab v. Luxottica Retail North America

24 Nov, 2015

Examining the Ninth Circuit’s View on Iskanian v. CLS Transportation Los Angeles, LLC: An Update on California’s Enforcement of Arbitration Clauses

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In Sakkab v. Luxottica Retail North America, Inc., No. 3:12-cv-00436-GPC-KSC, 2015 WL 5667912 (9th Cir. 2015), the Ninth Circuit held last month in a 2–1 decision that the Federal Arbitration Act (“FAA”) does not preempt the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348, 359 (2014), which held, among other things, that an employer’s arbitration agreement cannot require employees to waive representative claims under California’s Private Attorneys General Act of 2004 (“PAGA”), Cal. Labor Code §§ 2698–2699.5 (2004), as a condition of employment. Because both opinions are extensive and complex—Iskanian’s three opinions total...

Oral Arguments Preview: People v. Safety National Casualty Insurance Co.

People v. Safety National Casualty Insurance Co.

3 Nov, 2015

Oral Arguments Preview: People v. Safety National Casualty Insurance Co.

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Today, the Supreme Court of California will hear oral arguments in People v. Safety National Casualty Insurance Co.  That case involves the interplay between California Penal Code (the “Code”) sections 977 and 1305, and whether a defendant’s failure to appear at a scheduled court proceeding can be the basis for an order of bail forfeiture.  Ultimately, the court’s decision will likely hinge on exactly what constitutes a required hearing, while balancing statutory requirements against criminal defendant’s due process and fair trial rights. Section 977 requires a felony defendant to appear at certain court proceedings unless he or she signs a waiver...

Upcoming Oral Argument: Can the California Public Utilities Commission Regulate Local Government User Fees through Utility Bills?

Monterey Peninsula Water Management District v. CPUC

2 Nov, 2015

Upcoming Oral Argument: Can the California Public Utilities Commission Regulate Local Government User Fees through Utility Bills?

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On November 3, 2015, the Supreme Court of California will hear arguments in Monterey Peninsula Water Management District v. CPUC. The case will address whether the California Public Utilities Commission (“CPUC”) has the authority to review and regulate a user fee imposed by a local government entity that is collected through a public utility’s bills to ratepayers. The court’s decision in this case will affect government entities’ autonomy in assessing taxes and fees through utility bills and the CPUC’s power to review and determine whether such taxes are reasonable to ratepayers. The CPUC has the authority to regulate public utility...

Petitions for Review: A Long-Odds Gambit

Uncategorized

29 Oct, 2015

Petitions for Review: A Long-Odds Gambit

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Here we review and analyze the grant rate data for SCOCA review petitions. Our conclusion is that, on average, any given petition has a 4% chance of being granted. The Court’s Role in the California Judiciary We begin with context. The Supreme Court of California is the state’s highest court, and its primary role is to resolve the big questions, settle appellate court splits, and ensure uniformity in the law. California Rules of Court, Rule 8.500(b)(1). Granted, capital cases (discussed below) are an exception to this, but the fact remains that in the majority of the cases SCOCA hears, the...

Stephen Johnson Field: Near-Great Justice, or Near-Greatest Justice?

Uncategorized

1 Oct, 2015

Stephen Johnson Field: Near-Great Justice, or Near-Greatest Justice?

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Let us set the playing field. Stephen Johnson Field is no John Marshall. Nor is he Holmes, nor Brandeis, nor Story. He lacks the weight of Warren, the influence of Black, the force of Rehnquist. We do not argue otherwise. This is our modest proposal: When considering the vast tier of second-rate justices, Justice Field deserves to be at the top.[1] Field set the pace for the also-rans; of those justices whose ideas were discarded, Field’s had the most force. He is the most distinguished of the indistinguishable, as measured by numbers, substance, or more subjective qualifications. David S. Terry,...

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SCOCAblog is a Berkeley Law & Hastings Law Journal publication focused on substantive coverage of the Supreme Court of California. We provide analysis of doctrinal and procedural issues in cases before the court, and news about developments pertaining to the court itself. Our contributors include former justices of the court, academics and practitioners with subject matter expertise, and advocates experienced in appellate practice before the state high court.

SCOCAblog is brought to you by the California Constitution Center at Berkeley Law and the Hastings Law Journal , in partnership with regular contributors Kerr & Wagstaffe LLP and Horvitz & Levy LLP.

CONTRIBUTORS

David Andreasen
David Axelrad
Erin Bernstein
Ryan Bezerra
Dean Bochner
Danny Chou
John Diamond
Scott Dodson
Steven M. Duvernay
Paul Fogel
Anne Gordon
Michael D. Gowe
Joseph Grodin
Greta Hansen
Philip Johnson
J. Clark Kelso
Jason Knox
David Levine
Rory Little
Dennis Maio
Ted Mermin
Richard Miadich
Myron Moskovitz
Bradley Pauley
Harry G. Prince
Jeremy Rosen
Gunnar Rosenquist
Darien Shanske
Laurel Simmons
Gary Simms
Shane G. Smith
Margaret TIdes
James Wagstaffe