National Steel v. San Diego Super. Ct. 1/20/06 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D046692

Case Date: 04/12/2006

Preview:Filed 1/20/06

CERTIFIED FOR PUBLICATION

COURT OF APPEAL - FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

NATIONAL STEEL AND SHIPBUILDING COMPANY, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;

D046692 (San Diego County Super. Ct. No. GIC840471)

ROBERT GODINEZ et al., Real Parties in Interest.

PROCEEDINGS in mandate after the superior court denied the motion to strike. Patricia A. Y. Cowett, Judge. Petition denied.

O'Melveny & Myers, Gordon E. Krischer, Larry A. Walraven and Brian A. Selvan for Petitioner.

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Steven Drapkin for Employers Group, California Employment Law Council, California Restaurant Association, Alliance of Motion Picture & Television Producers, Airline Labor Relations Conference and California Lodging Industry Association as Amici Curiae on behalf of Petitioner. Robert Jones for Division of Labor Standards Enforcement, Department of Industrial Relations, and California State Labor Commissioner as Amici Curiae on behalf of Petitioner. No appearance for Respondent. Tosdal, Smith, Steiner & Wax, Thomas Tosdal and Fern M. Steiner for Real Parties in Interest. Neyhart, Anderson, Flynn & Grosboll, John L. Anderson and Scott M. DeNardo for California Teamster Public Affairs Council and California Conference Board of the Amalgamated Transit Union as Amici Curiae on behalf of Real Parties in Interest. Weinberg, Roger & Rosenfeld, David A. Rosenfeld, M. Suzanne Murphy and Anne I. Yen for International Association of Machinists and Aerospace Workers; District Lodge 947, AFL-CIO; and International Brotherhood of Electrical Workers, Local 569, AFL-CIO, as Amici Curiae on behalf of Real Parties in Interest. Cohelan & Khoury and Michael D. Singer for California Employment Lawyers Association as Amicus Curiae on behalf of Real Parties in Interest. The Labor Code requires that an employer pay an employee the equivalent of one hour of pay if the employer fails to provide a meal or rest period as required by applicable orders of the Industrial Welfare Commission (IWC). (Lab. Code,

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