The lawsuit filed by grocers challenging the city of L.A.’s grocery worker retention ordinance can proceed to trial, a Los Angeles Superior Court judge ruled Thursday.

Superior Court Judge Ralph Dau ruled that the case brought by the California Grocers Association nearly a year ago does have sufficient merit to proceed to trial. A trial date has not been set; a “case management conference” has been set for Feb. 5.

In December 2005, the Los Angeles City Council, with a strong push from labor, passed the grocery worker retention ordinance. The law bans new owners of grocery stores or grocery store chains from firing workers for the first 90 days after assuming control of the stores.

The California Grocers Association, representing most of the major grocery store chains, opposed the law and filed suit, saying the city overstepped its authority and that the hiring and firing of workers at private companies is governed by federal labor laws. It also argued that the law would inhibit economic growth and job creation.

In response to today’s ruling, Peter Larkin, president of the California Grocers Association said, “We are pleased that Judge Dau has ruled to allow our case to proceed. Since the ordinance has been in effect, retail grocery store transactions in the city have ceased. Stopping the growth of new retail in the city demonstrates the first of many harmful impacts this law will have on city residents.”