154 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com 545 Gov’t Code § 7285.2 (violations trigger penalties of $2,000-$5,000 for a first violation and $5,000- $10,000 for further violations, recoverable by the Labor Commissioner or Attorney General through a civil action). 546 Lab. Code § 90.2 (violations trigger penalties of $2,000-$5,000 for a first violation and $5,000- $10,000 for further violations, recoverable by the Labor Commissioner). 547 Lab. Code § 1019.2 (violations trigger penalties of up to $10,000, recoverable by the Labor Commissioner). 548 The statutes regulate information-sharing and conditions in state detention facilities housing noncitizens (AB 103 and SB 54) and limit the cooperation that California employers may provide to federal immigration enforcement agents (AB 450). 549 United States v. California, 314 F. Supp. 3d 1077, 1112 (E.D. Cal. 2018). The U.S. government appealed, with the district court reversed in one respect that did not involve employment issues. United States v. California, 921 F.3d 865 (9th Cir. 2019). 550 SB 785, 2018 bill adding Evid. Code §§ 351.3, 351.4. The law had a January 1, 2022 sunset date. SB 785—enacted with immediate effect on May 17, 2018—responded to ICE arrests of immigrants in California courthouses, despite the March 2017 admonition of California Chief Justice, Tani Cantil-Sakauye that “[o]ur courthouses serve as a vital forum for ensuring access to justice and protecting public safety. Courthouses should not be used as bait in the necessary enforcement of our country’s immigration laws.” On August 23, 2022, California Governor Newsom signed into law SB 836 which removed the January 1, 2022 sunset date, making the protections of Evid. Code §§ 351.3 and 351.4 permanent. 551 Costco Wholesale Corp. v. Superior Court, 47 Cal. 4th 725 (2009). 552 Id. at 736-40. 553 Coito v. Superior Court (State of California), 54 Cal. 4th 480 (2012). 554 Id. at 485-86. 555 Id. at 502 (calling for trial court to conduct on camera inspection to see if absolute or qualified work product protection should apply). 556 Id. at 499-500 (remanding matter for finding whether absolute protection applies to all or part of the recorded witness interviews). 557 Wellpoint Health Networks, Inc. v. Superior Court, 59 Cal. App. 4th 110, 123 (1997). 558 City of Petaluma v. Superior Court, 248 Cal. App. 4th 1023, 1035 (2016). 559 Lisec v. United Air Lines, Inc., 10 Cal. App. 4th 1500, 1507 (1992). 560 Cifuentes v. Costco Wholesale Corp., 238 Cal. App. 4th 65, 77 (2015). 561 Id. at 76. 562 Lu v. Hawaiian Gardens Casino, Inc., 50 Cal. 4th 592, 603-04 (2010) (“To the extent that an employee may be entitled to certain misappropriated gratuities, we see no apparent reason why other remedies, such as a common law action for conversion, may not be available under appropriate circumstances.”). 563 Voris v. Lampert, 7 Cal. 5th 1141, 1156-58 (2019) (claims for unpaid wages resemble other actions for particular amounts of money owed in exchange for contractual performance—a type of claim that has long been understood to sound in contract, rather than as the tort of conversion). 564 Id. at 1163-70. 565 Lacagnina v. Comprehend Sys., Inc., 25 Cal. App. 5th 955, 972 (2018) (sustaining grant of nonsuit against “wage theft” claim under Penal Code section 496(c): “If every plaintiff in an employment or contract dispute could also seek treble damages and attorneys’ fees on the ground that the defendant received ‘stolen property,’ such claims would become the rule rather than the exception, parties would more frequently assert claims for ‘theft’ in run-of-the-mill commercial disputes, and cases would be harder to settle. We cannot believe the Legislature contemplated, much less intended, those consequences when it enacted section 496, subdivision (c).”).
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