California Court of Appeal

Amaral v. Cintas Corp. No. 2, A114510, A114981

In an appeal presenting numerous legal issues concerning the constitutionality and application of a living wage ordinance which was enacted by a city and incorporated into its municipal contracts, the trial court's judgment and post-judgment rulings for the case are affirmed in its entirety with respect to: 1) rejection of challenges to the constitutionality of the ordinance; 2) findings on summary judgment or summary adjudication that employer-party violated the ordinance, breached its contracts with the City, and violated several Labor Code provisions as well as Business and Professions Code section 17200; and 3) awards of back wages and unpaid benefits, imposition of penalties for the Labor Code violations pursuant to the Labor Code Private Attorneys General Act of 2004, and awards to plaintiffs of statutory attorneys' fees and costs.

Appellate Information

• Decided 06/11/2008
• Published 06/11/2008

Judges

• McGUINESS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Altshuler Berzon, Michael Rubin, Scott A. Kronland and Eileen B. Goldsmith, San Francisco, for Plaintiffs and Appellants., Patrick Whitnell, Milpitas, and Kourtney C. Burdick for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Plaintiffs and Appellants.


• For Appellees:
  
• Squire, Sanders & Dempsey, Mark C. Dosker, Diane L. Gibson and Michael W. Kelly, San Francisco, for Defendants and Appellants., Michael J. O'Toole, City Attorney and Daniel S. Connolly, Assistant City Attorney for Intervener and Respondent City of Hayward.