Oral Argument Calendar
The following cases are placed upon the calendar of the Supreme Court for hearing at its courtroom in the Ronald M. George State Office Complex, Earl Warren Building, 350 McAllister Street, Fourth Floor, San Francisco

9:00 A.M.

(1) Kesner, Jr. (Johnny Blaine) v. Superior Court of Alameda County (Pneumo Abex LLC, Real Party in Interest), S219534 and Haver (Joshua) et al. v. BNSF Railway Company, S219919 (consolidated cases)
Both cases present the following issue: If an employer’s business involves either the use or the manufacture of asbestoscontaining products, does the employer owe a duty of care to members of an employee’s household who could be affected by asbestos brought home on the employee’s clothing?

(2) Augustus et al. (Jennifer) v. ABM Security Services, Inc., S224853 (To be called and continued to the September 29, 2016 calendar.)
This case presents the following issues: (1) Do Labor Code, § 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? 

(3) Maas (Michael Eugene) v. Superior Court of San Diego County (People, Real Party in Interest), S225109
This case presents the following issue: Does Code of Civil Procedure section 170.6 permit a peremptory challenge to be asserted, before an order to show cause has issued, against a judge who is assigned to assess a petition for writ of habeas corpus?

(4) Horiike (Hiroshi) v. Coldwell Banker Residential Brokerage Company et al., S218734
This case presents the following issue: When the buyer and the seller in a residential real estate transaction are each independently represented by a different salesperson from the same brokerage firm, does Civil Code section 2079.13, subdivision (b), make each salesperson the fiduciary to both the buyer and the seller with the duty to provide undivided loyalty, confidentiality and counseling to both?

1:30 P.M.

(5) People v. Thompson (Catherine) [Automatic Appeal], S033901
This matter is an automatic appeal from a judgment of death. 

(6) People v. Williams (George) [Automatic Appeal], S131819
This matter is an automatic appeal from a judgment of death.