California Supreme Court
Jan. 31, 2013
Interpretation of Brinker in doubt after depublication of meal and rest opinions
Attorneys on all sides agree the depublications mean the justices want lower courts to use Brinker as precedent rather than these decisions, which the high court likely saw as inconsistent in some way with their ruling.
See correction below
By Laura Hautala
Daily Journal Staff Writer
At first blush, the state Supreme Court's recent depublication of three appellate opinions looks like a rebuke of the 2nd District Court of Appeal. In all three cases, justices from the appellate district's 8th division applied the Supreme Court's landmark Brinker decision regarding meal and rest periods. Now none of those opinions will stand as prece...
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