United States Ninth Circuit

In a would-be class action brought by three nonresidents of California against Oracle seeking damages under California law for failure to pay overtime, summary judgment for Oracle is affirmed in part and reversed in part part where: 1) California's Labor Code applies to work performed in California by nonresidents of California; but 2) California's Unfair Competition Law, Cal. Bus. & Prof. Code section 17200, does not apply to allegedly unlawful behavior occurring outside California causing injury to nonresidents of California.

Appellate Information

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

Judges

• Before: W. FLETCHER and RONALD M. GOULD, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles Scott Russell, Robert Thompson, Esquire, Callahan, McCune & Willis, APLC, Tustin, CA, for Plaintiff-Appellant.


• For Appellees:
  
• Stephen Berry, Esquire, Paul, Hastings, Janofsky & Walker, Costa Mesa, CA, Paul W. Cane, Jr., Paul, Hastings, Janofsky & Walker LLP, San Diego, CA, for Defendants-Appellees.