California Court of Appeal

WAREMART FOODS v. UNITED FOOD AND COMMERCIAL WORKERS LOCAL 588, C032746

Because the Legislature enacted new Labor Code sections 1138-1138.5 during the pendency of the appeal, the parties did not have an opportunity to litigate the question whether public officers charged with the duty to protect property are unable or unwilling to furnish adequate protection, and the record is inadequate to support an implied finding on the question.

Appellate Information

• Decided 02/16/2001
• Published 02/16/2001

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Nick C. Geannacopulos, San Francisco, Steven B. Katz, and Samuel McAdam, Sacramento, for Plaintiff and Appellant Waremart Foods.


• For Appellees:
  
• J. Thomas Bowen, Steven L. Stemerman, Andrew J. Kahn, and Joni S. Jacobs of Davis, Cowell & Bowe, San Francisco, for Defendant and Appellant, United Food and Commercial Workers Union Local 588.