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Tri-Fanucchi Farms v. Agricultural Labor Relations Board

Paid petition · Supreme Court of California, No. S227270 · judgment November 27, 2017

Certiorari denied · April 2, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does the structure of the make-whole remedy under the California Agricultural Labor Relations Act deny agricultural employers equal access to California courts in order to obtain declaratory relief of their legal obligations because of the exposure to large money damages?

  2. Does the serious deterrent impact of the Agricultural Labor Relations Act’s make-whole remedy on judicial review violate California agricultural employers’ due process rights as California employers must expose themselves to potentially millions of dollars in damages just to obtain declaratory relief where other litigants can simply file an action for declaratory relief?

  3. Does imposition of the make-whole remedy by the Agricultural Labor Relations Board without an evidentiary hearing violate California agricultural employer’s due process rights?

Counsel of record

For petitioner
Howard A. Sagaser
Sagaser, Watkins & Wieland, PC

For respondent
Scott P. Inciardi

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 02 2018
    Petition DENIED.
  2. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  3. Mar 05 2018
    Waiver of right of respondent Agricultural Labor Relations Board to respond filed.
  4. Feb 26 2018
    Petition for a writ of certiorari filed. (Response due April 2, 2018)