Earlier today, the California Supreme Court posted a notice of forthcoming filings, indicating that Pineda v. Bank of America, N.A. will be filed on November 18, 2010, at approximately 10:00 a.m.
In Pineda v. Bank of America, N.A., plaintiff Pineda advanced the theory that restitution of "penalties" recoverable under Labor Code section 203 (waiting time penalties) was available under the UCL because the penalty was a vested property interest due upon failure to timely pay wages. Pineda also argued that the correct statute of limitation was that for suits to recover wages (3 years), not the statute for recovery of penalties (generally 1 year). The Court of Appeal rejected both theories. My earlier post about Pineda is here.