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California Court of Appeal

Starbucks Corp. v. Superior Court of Orange County, G039700

In a class action by some 135,000 unsuccessful job applicants against petitioner-Starbucks alleging that employment application included "illegal" question about prior marijuana convictions more than two years old, denial of petitioner's motion for summary judgment is vacated and grant of summary judgment in favor of petitioner-Starbucks is ordered, where: 1) petitioner-Starbucks attempted to disclaim an interest in such prohibited information and two of the applicants understood petitioner-Starbucks not to be seeking it; 2) no plaintiff had any marijuana-related convictions to reveal; and 3) nothing in the statutes in question authorized job applicants to automatically recover $200 per person without proof they were aggrieved persons with an injury the statute was designed to remedy.

Appellate Information

  • Decided 12/10/2008
  • Published 12/10/2008



  • California Court of Appeal


  • For Appellant:
  • Akin Gump Strauss Hauer & Feld, Rex S. Heinke, Catherine A. Conway and Jessica M. Weisel, Los Angeles, for Petitioner., Arias Ozzello & Gignac, H. Scott Leviant, Mike Arias, Mikael Stahle, Santa Barbara, and Jason E. Barsanti for Real Parties in Interest.

  • For Appellees:
  • No appearance for Respondent.
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