HARRIS v. SUPERIOR COURT

No. S156555.

53 Cal.4th 170 (2011)

135 Cal. Rptr. 3d 247

266 P.3d 953

FRANCES HARRIS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LIBERTY MUTUAL INSURANCE COMPANY et al., Real Parties in Interest. LIBERTY MUTUAL INSURANCE COMPANY et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FRANCES HARRIS et al., Real Parties in Interest.

Supreme Court of California.

December 29, 2011.


Attorney(s) appearing for the Case

Lerach Coughlin Stoia Geller Rudman & Robbins, Coughlin Stoia Gellar Rudman & Robbins, Patrick J. Coughlin , Theodore J. Pintar , Steven W. Pepich , Kevin K. Green , Steven M. Jodlowski ; Cohelan & Khoury, Cohelan Khoury & Singer, Timothy D. Cohelan , Isam C. Khoury , Michael D. Singer ; Spiro, Moss, Barness & Harrison, Spiro Moss Barness , Dennis F. Moss , Ira Spiro ; Law Offices of Michael L. Carver and Michael L. Carver for Petitioners and for Real Parties in Interest Frances Harris, Dwayne Garner, Marion Brenish-Smith, Steven Brickman, Kelly Gray, Adell Butler-Mitchell and Lisa McCauley.

Arbogast & Berns and David M. Arbogast for Consumer Attorneys of California as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Frances Harris , Dwayne Garner , Marion Brenish-Smith , Steven Brickman , Kelly Gray , Adell Butler-Mitchell and Lisa McCauley .

Hud Collins as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Frances Harris , Dwayne Garner , Marion Brenish-Smith , Steven Brickman , Kelly Gray , Adell Butler-Mitchell and Lisa McCauley .

Rudy, Exelrod & Zieff, Rudy, Exelrod, Zieff & Lowe and Kenneth J. Sugarman for California Employment Lawyers Association as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Frances Harris , Dwayne Garner , Marion Brenish-Smith , Steven Brickman , Kelly Gray , Adell Butler-Mitchell and Lisa McCauley .

Sidley Austin , Douglas R. Hart , Geoffrey D. Deboskey ; Sheppard Mullin Richter & Hampton, Robert J. Stumpf , William V. Whelan and Karin Dougan Vogel for Petitioners and for Real Parties in Interest Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation.

Leland Chan for California Bankers Association as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation.

Winston & Strawn, Lee T. Paterson and Audrey Shen Chui for Employers Group as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation.

Gregory F. Jacob , Steven J. Mandel , Paul L. Frieden and Joanna Hull for the Secretary of Labor, U.S. Department of Labor as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation.

Sonnenschein Nath & Rosenthal, Paul E. B. Glad , Gayle M. Athanacio and Virginia K. Young for Association of California Insurance Companies, Personal Insurance Federation of California and Pacific Association of Domestic Insurance Companies as Amici Curiae on behalf of Petitioners and Real Parties in Interest Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation.

National Chamber Litigation Center Inc., Robin S. Conrad ; Mayer Brown and Donald M. Falk for Chamber of Commerce of the United States of America as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation.

Berger Kahn and Teresa R. Tracy for Progressive Casualty Insurance Company as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation.

Bien & Summers, Elliot L. Bien and Catherine S. Meulemans for American Insurance Association as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation.

Seyfarth Shaw , George Preonas , Michael D. Mandel and Gilmore F. Diekmann, Jr. , for California Employment Law Council as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Liberty Mutual Insurance Company and Golden Eagle Insurance Corporation.

No appearance for Respondent.


OPINION

CORRIGAN, J.

This litigation tests whether certain insurance company claims adjusters are exempt employees, not entitled to overtime compensation under the Labor Code and regulations of California's Industrial Welfare Commission (IWC or Commission). Reviewing the trial court's denial of a summary adjudication motion, the Court of Appeal held the adjusters are not exempt employees as a matter of law. In doing so, the Court of...

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