California Court of Appeal

The trial court erred in overruling defendants' demurrer to two causes of action filed against them by the District Attorney, alleging a right to recover civil penalties under California's Unfair Competition Law (UCL) based on defendants' alleged violation of workplace safety standards, where: 1) California's workplace safety plan, as approved by the Secretary of Labor, does not include any provision for civil enforcement of workplace safety standards by a prosecutor through a cause of action for penalties under the UCL; and 2) under controlling law, any part of a state plan not expressly approved is preempted by federal law.

Appellate Information

• Decided 02/24/2014
• Published 02/24/2014

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel