Appeals Board legal update: demurrers scheduled and staff notified of a new federal lawsuit naming board officials
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Summary
Chief Counsel Aaron Jackson told the Board that demurrer rulings and hearings are pending in multiple matters (Baldi/Arana, Metropolitan News Company, Uber), and staff reported that a new federal lawsuit has been filed naming Chair Ed Lowry and Executive Officer Scott Pease; the Board has not been served.
At the March 25 meeting, Chief Counsel Aaron Jackson provided a litigation update that included recent and upcoming court actions involving matters before the California Occupational Safety and Health Appeals Board.
Jackson reported that in Baldi/Arana (1568252) the Board’s demurrer was sustained and the petitioner was granted leave to amend its petition. He said a demurrer hearing in Metropolitan News Company (1689021) is scheduled for April 9, 2026 — the same date the employer’s motion for sanctions will be heard — and that the Board is preparing responsive documents. He added that the hearing on the Board’s demurrer in Uber (1594663) is scheduled for April 20, 2026.
Jackson also informed the Board that staff learned a new federal lawsuit has been filed naming Ed Lowry and Scott Pease in their professional capacities as defendants; the Board has not yet been served with the complaint. No further procedural action on that lawsuit was recorded at the meeting; staff reported they are monitoring service and preparing responses as needed.
The Board reviewed lists of matters currently in superior court and on appeal, which included cases ranging from USA Waste of California and Western Oilfields Supply Company to Uber Technologies Inc. and others. Board members and legal staff discussed court schedules and next steps for responsive filings.
The Board did not take action on the new federal filing during the public meeting; staff indicated they will continue to monitor service and coordinate counsel responses.