California Grocers Assoc. v. City of LA, No. B206750

Trial court judgment enjoining enforcement of an ordinance requiring purchasers of large grocery stores to employ the prior store's workforce for 90 days is affirmed where the ordinance requires successor grocery employers to employ experienced workers in order to maintain health and safety standards at the store during the transition to new management and thus enters into a field fully occupied by state law, and is preempted by the California Retail Food Code as well as the National Labor Relations Act.    

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Appellate Information
APPEAL from a judgment of the Superior Court of Los Angeles County, Ralph W. Dau, Judge. Affirmed.
SECOND APPELLATE DISTRICT, DIVISION FIVE
Filed July 30, 2009

Judges
Before: KRIEGLER, J., TURNER, P.J., MOSK, J.
Opinion by KRIEGLER, J.
Dissenting Opinion by MOSK, J.

Counsel
For Plaintiff: Jones Day, Richard S. Ruben, Craig E. Stewart and Nathaniel P. Garrett.

For Defendant: Rockard J. Delgadillo, City Attorney, Laurie Rittenberg, Assistant City Attorney, and John A. Carvalho, Deputy City Attorney.