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Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice. [33]
Rule 19 of the Supreme Court Rules allows for the certification of legal questions to the United States Supreme Court. The rule provides that "a United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of ...
Writing for a unanimous California Supreme Court, Chief Justice Cantil-Sakauye affirmed the Court of Appeal’s order regarding class certification. [4] In so holding, the Court first found that the “suffer or permit to work” standard was the appropriate one for determining whether particular workers are employees within the definition of ...
With unemployment soaring in the spring of 2020 as the pandemic sent the economy reeling, the mandate from Washington was to get benefits out quickly. EDD managed the California program, and at ...
The Employment Development Department is unveiling a newly updated and simplified unemployment benefit application that makes it easier to file. California's new application for unemployment ...
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Case history; Prior: Roe v. Anderson, 966 F. Supp. 977 (E.D. Cal. 1997); affirmed, 134 F.3d 1400 (9th Cir. 1998); cert. granted, 524 U.S. 982 (1998).: Holding; California statute limiting new residents' benefits for the first year they live in the state is an unconstitutional discrimination and violation of their right to travel.
California Assembly Bill 5 or AB 5 is a state statute that expands a landmark Supreme Court of California case from 2018, Dynamex Operations West, Inc. v. Superior Court ("Dynamex"). [1] In that case, the court held that most wage-earning workers are employees and ought to be classified as such, and that the burden of proof for classifying ...