Class Action

Supreme Court sets UCL restitution case for oral argument: Pineda v. Bank of America

By Kimberly A. Kralowec

Yesterday, the Supreme Court posted its oral argument calendar for October.  One case of interest, Pineda v. Bank of America, no. S170758, has been set for argument, on Tuesday, October 5, 2010 at 1:30 p.m.  The Court is holding a special oral argument session that week at the Fifth District Court of Appeal in Fresno.

These are the issues on review in Pineda:  

(1) When a worker files an action to recover penalties for late payment of final wages under Labor Code section 203, but does not concurrently seek to recover any other unpaid wages, is the statute of limitations the one-year statute for penalties under Code of Civil Procedure section 340, subdivision (a), or the three-year statute for unpaid wages under Labor Code section 202? (2) Can penalties under Labor Code section 203 be recovered as restitution in an Unfair Competition Law action (Bus. & Prof. Code, § 17203)?

(Emphasis added.)  My original post on the Court of Appeal opinion in Pineda is at this link.

Full post as published by The UCL Practitioner on September 08, 2010 (boomark / email).