Oral Argument Calendar

This special session will also feature a questions and answers session where the Chief Justice and Associate Justices of the Supreme Court will be asked questions by six students from Brawley High School, King Chavez High School, and Momentum Learning.

The following cases are placed upon the calendar of the Supreme Court for hearing at its Outreach Session at the Court of Appeal, Fourth Appellate District, Division One, 750 B Street, Suite 300, San Diego (map).

10:45 A.M.

(1)  Augustus (Jennifer) et al. v. ABM Security Services, Inc., S224853
#15-50  Augustus (Jennifer) et al. v. ABM Security Services, Inc., S224853. (B243788; 233 Cal.App.4th 1065; Superior Court of Los Angeles County; BC336416, BC345918, CG5444421.)  Petition for review after the Court of Appeal reversed the judgment in a civil action. 

This case presents the following issues:  (1) Do Labor Code, section 226.7, and Industrial Welfare Commission wage order No. 4-2001 require that employees be relieved of all duties during rest breaks?  (2) Are security guards who remain on call during rest breaks performing work during that time under the analysis of Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal.4th 833?

1:45 A.M.

(2)  Orange Citizens For Parks and Recreation et al. v. Superior Court of Orange County (Milan REI IV LLC et al., Real Parties in Interest), S212800
#13-96  Orange Citizens for Parks and Recreation et al. v. Superior Court of Orange County (Milan REI IV LLC et al., Real Parties in Interest) S212800.  (G047013, G047219; 217 Cal.App.4th 1005; Superior Court of Orange County; 30-2011-00494437.)  Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in an action for writ of administrative mandate. 

This case presents the following issue:  Is the proposed development project of low density housing at issue in this case consistent with the city’s general plan?

(3)  People v. Miami Nation Enterprises et al., S216878
#14-51  People v. Miami National Enterprises et al., S216878.  (B242644; 223 Cal.App.4th 21; Superior Court of Los Angeles County; BC373536.)  Petition for review after the Court of Appeal affirmed the judgment in a civil action. 

This case presents the following issue:  Is a payday loan company owned by a federally recognized Indian tribe entitled to tribal sovereign immunity, and thus exempt from state regulation, if the day-to-day management of the business is handled by a third party management company that is not affiliated with the tribe and pays the tribe a small percentage of the gross revenues?

(4)  In re Transient Occupancy Tax Cases, S218400
#14-90  In re Transient Occupancy Tax Cases, S218400.  (B243800; 225 Cal.App.4th 56; Superior Court of Los Angeles County; JCCP 4472.)  Petition for review after the Court of Appeal affirmed the judgment in action for writ of administrative mandate. 

This case includes the following issue: When a customer books a hotel room through an online travel company, should the occupancy tax levied on the rent charged by the hotel be calculated based on the retail rate paid by the customer to obtain the right to use the room or on the wholesale amount that the hotel receives from the online travel company after that company has deducted its markup and fees?