California Supreme Court Denies Review
Our Comment:
In a bizare ruling the Supreme Court of California denied Review. Their decesion stated the following:
“The request, made pursuant to California Rules of court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit is denied. (See Ramirez v. Yosemite Water Co. (1999) 20 Cal.4th 785.)”
The Ramirez case was favorable to the plaintiff (it dealt with the sales exemption only) but did not really answer the questions the 9th Circuit posed. It will be intresting to see what the 9th Circuit does now without any guidance from the Calfiornia Court system. You would think based on the ruling above that the 9th Circuit has to reverse based on sales. The question now is what it does with the administrative exemption which was not the subject of any orders by the courts in California and was not that significantly briefed or argued.
Expect the 9th Circuit to probably rule no earlier than later this year, perhaps even into 2010.
