MWL Solutions v. Occupational Safety and Health Appeals Bd. CA3

DISCUSSION

I The Record Is Unclear As To Hearing Dates The timing of the relevant hearings is important to determine the applicable legal authority, but the timing of the hearings is not clear from the record, the parties’ briefs, or from statements made in oral argument. The trial court found on October 3, 2022, that the parties did not dispute the hearings had not yet taken place. However, plaintiffs mention in their brief that plaintiff MWL Solutions, Inc.’s matter was subject to videoconference hearings “on several days in 2021.” But plaintiffs fail to cite to the record or judicially noticeable documents to support this assertion. (In re S.C. (2006) 138 Cal.App.4th 396, 408 [“To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error”].) MWL Solutions, Inc.’s March 2021 writ petition also does not state its hearing had been held and again, none of the plaintiffs contested the assertion that the hearings had not yet taken place as of October 2022; plaintiffs also do not contest this finding on appeal. As for the other two entities, plaintiffs state in their…