People v. Superior Court
224 Cal. App. 4th 33
| Cal. Ct. App. | 2014Background
- Solus Industrial installed a residential electric water heater at its plant; the heater exploded in 2009, killing two employees. The Division of Occupational Safety and Health (Division / BOI) investigated and issued administrative citations for multiple serious and one willful violation.
- Because the incident involved employee deaths, the BOI forwarded its investigation to the Orange County District Attorney under Labor Code §6315(g).
- The District Attorney filed criminal charges against two managers and also filed a civil complaint against Solus alleging, among other claims, civil penalties under Labor Code §§6428 (serious violations) and 6429 (willful violations) and UCL claims.
- Solus demurred to the §§6428/6429 causes of action, arguing the district attorney lacks statutory authority to pursue those civil penalties; the trial court sustained the demurrer without leave to amend and certified the standing issue for interlocutory appeal.
- The Court of Appeal (after a writ procedure and Supreme Court transfer) held the district attorney lacks standing to bring civil penalty actions under §§6428 and 6429 absent explicit legislative authorization and denied the petition for writ of mandate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a district attorney may pursue civil penalties under Labor Code §§6428/6429 after a BOI referral under §6315(g). | The DA: §26500 public-prosecutor authority + §6315(g) referral authorizes prosecutors to take “appropriate action,” including civil penalty suits. | Solus: Safer v. Superior Court establishes DA may bring civil suits only when legislature expressly authorizes; §§6428/6429 contain no such authorization. | Held: DA lacks standing to pursue §§6428/6429 civil penalties absent explicit statutory authorization; §6315(g) referral does not itself confer plenary civil enforcement power. |
Key Cases Cited
- Safer v. Superior Court, 15 Cal.3d 230 (1975) (district attorney may bring civil actions only when legislature expressly authorizes such suits)
- People v. Superior Court (Humberto S.), 43 Cal.4th 737 (2008) (reaffirming that a district attorney lacks authority to prosecute civil actions absent specific legislative authorization)
- Board of Supervisors v. Simpson, 36 Cal.2d 671 (1951) (upholding civil suit by DA where statute expressly authorized board to direct DA to bring action)
- In re Marriage of Cornejo, 13 Cal.4th 381 (1996) (cases are not authority for propositions not considered)