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CALIFORNIA GROCERS ASSN. v. CITY OF LOS ANGELES

No. S176099.

52 Cal.4th 177 (2011)

CALIFORNIA GROCERS ASSOCIATION, Plaintiff and Respondent, v. CITY OF LOS ANGELES, Defendant and Appellant; LOS ANGELES ALLIANCE FOR A NEW ECONOMY, Intervener and Appellant.

Supreme Court of California.

July 18, 2011.

Attorney(s) appearing for the Case

Rockard J. Delgadillo and Carmen A. Trutanich , City Attorneys, Laurie Rittenberg , Assistant City Attorney, John A. Carvalho and Gerald Masahiro Sato , Deputy City Attorneys, for Defendant and Appellant.

Schwartz, Steinsapir, Dohrmann & Sommers, Margo A. Feinberg and Henry M. Willis for Intervener and Appellant.

Altshuler Berzon , Michael Rubin , Scott Kronland and Jennifer Sung for American Federation of Labor and Congress of Industrial Organizations and Service Employees International Union as Amici Curiae on behalf of Defendant and Appellant and Intervener and Appellant.

Jones Day , Richard S. Ruben , Craig E. Stewart and Nathaniel P. Garrett for Plaintiff and Respondent.

Deborah J. La Fetra and Timothy Sandefur for Pacific Legal Foundation as Amicus Curiae on behalf of Plaintiff and Respondent.

Mitchell Silberberg & Knupp, Adam Levin , Tracy L. Cahill , Taylor S. Ball ; National Chamber Litigation Center, Inc., Robin S. Conrad and Shane B. Kawka for Employers Group and Chamber of Commerce of the United States of America as Amici Curiae on behalf of Plaintiff and Respondent.

Davis, Cowell & Bowe, Richard G. McCracken and Andrew J. Kahn for East Bay Alliance for a Sustainable Economy and Unite Here as Amici Curiae.

OPINION

WERDEGAR, J.—

The City of Los Angeles, like numerous other municipalities in California and elsewhere, regulates the ability of certain employers to summarily replace the workforce upon acquiring a new business. Is such a worker retention ordinance preempted as intruding upon either matters of health and safety already regulated by the state or matters of employee organization and collective bargaining fully occupied by federal...

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