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SOLUS INDUSTRIAL INNOVATIONS, LLC v. SUPERIOR COURT

No. G047661.

224 Cal.App.4th 17 (2014)

168 Cal. Rptr. 3d 275

SOLUS INDUSTRIAL INNOVATIONS, LLC, et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

As modified March 17, 2014.

Attorney(s) appearing for the Case

Jones Day, Brian A. Sun and Frederick D. Friedman for Petitioners.

Lawrence H. Kay for Construction Employers Association as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Tony Rackauckas , District Attorney, and Kelly A. Roosevelt , Deputy District Attorney, for Real Party in Interest.

Amy D. Martin and Kathryn J. Woods for the Department of Industrial Relations Division of Occupational Safety and Health as Amicus Curiae on behalf of Real Party in Interest.

OPINION

RYLAARSDAM, Acting P. J. —

In this case we are called on to determine whether federal law preempts the effort by a district attorney to recover civil penalties under California's unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.) based on an employer's alleged violation of workplace safety standards. Petitioners Solus Industrial Innovations, LLC, Emerson Power Transmission Corp., and Emerson Electric Co...

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