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London’s taxi driver claims for losses of earnings are ‘completely unfounded’ says Uber spokesperson in response to £250 million group action against the ridehail giants.Yesterday, RGL Management announced a significant legal action, dubbed &quot;BULiT21&quot;, filed in the High Court on behalf ...

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ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 15 of 15. HackerNoon’s Legal PDF Series here CONCLUSION We reverse the judgment of the Court of Appeal and remand the case for further proceedings consistent with this opinion. We limited our review to the question of PAGA standing and express no view on the parties’ arguments regarding the proper interpretation of the arbitration agreement. LIU, J. We Concur: GUERRERO, C. J. CORRIGAN, J. KRUGER, J. GROBAN, J. JENKINS, J. EVANS, J About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

The Judgement of the Court of Appeals Is Reversed in the Uber Lawsuit

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 13 of 15. HackerNoon’s Legal PDF Series here F. Uber also cites a number of authorities, but none supports its position. In Amalgamated Transit Union, Local 1756, AFLCIO v. Superior Court (2009) 46 Cal.4th 993, 1005, we held that unions do not have standing under PAGA because they are “not employees” and therefore “cannot satisfy the express standing requirements of [PAGA].” Our rejection of associational standing under PAGA has no bearing on the question here. In Robinson v. Southern Counties Oil Co. (2020) 53 Cal.App.5th 476, the court held that a plaintiff did not have standing when he brought a PAGA action “based on violations alleged to have occurred after . . . [he] was no longer employed by [the defendant].” (Id. at p. 484.) There, the plaintiff “was not affected by any of the alleged violations” at issue in the case. (Ibid.) In this case, the operative complaint alleges that Adolph was employed by Uber and personally sustained one or more Labor Code violations committed by Uber during the time period applicable to his PAGA action. Uber also relies on Californians for Disability Rights v. Mervyn’s, LLC (2006) 39 Cal.4th 223, where we said that “[f]or a lawsuit properly to be allowed to continue, standing must exist at all times until judgment is entered and not just on the date the complaint is filed.” (Id. at pp. 232–233.) Our holding today is consistent with Mervyn’s. As we explained in Kim, the question of standing is governed by the terms of PAGA. Because a single action may still be maintained when issues comprising the action have been bifurcated into judicial and arbitral forums, the relevant statutory standing requirements are met “on the date the complaint is filed” and thereafter, regardless of whether an aggrieved employee’s individual claims have been sent to arbitration. (Mervyn’s, at p. 233.) Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

The Sources and Authorities Uber Is Citing to Support Their Position

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 12 of 15. HackerNoon’s Legal PDF Series here E. Uber further argues that a PAGA plaintiff, upon arbitrating personally sustained Labor Code violations, stands in no different position than a member of the general public with regard to non-individual claims. “General public” standing once existed under the UCL and allowed individuals with no ties to the unlawful conduct to bring suit. (Kim, supra, 9 Cal.5th at p. 90.) In order to curb abusive litigation, the Legislature designed PAGA standing to be narrower than general public standing. (Kim, at p. 90.) An “aggrieved employee” under PAGA is not merely a member of the general public; an “aggrieved employee” is an individual who worked for the alleged violator and personally sustained at least one Labor Code violation. (§ 2699, subd. (c); see Kim, at p. 90, quoting Sen. Com. on Judiciary, Analysis of Sen. Bill No. 796 (2003–2004 Reg. Sess.) as amended Apr. 22, 2003, p. 7.) An employee who has met these requirements upon bringing a PAGA action does not lose standing to litigate non-individual claims by virtue of being compelled to arbitrate individual claims. This is true even if the employee obtains redress for individual claims in arbitration. (See Kim, at p. 84.) Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

Uber: PAGA Plaintiff No Different Than A Member of the General Public

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 11 of 15. HackerNoon’s Legal PDF Series here D. Next, Uber contends that a PAGA plaintiff must have a “financial stake in the outcome of the case” and that if an arbitrator grants an award to the plaintiff based on his or her personally sustained violations, the plaintiff loses standing to litigate non-individual claims because he or she has no financial stake in those claims. For purposes of standing, however, the statute does not require a PAGA plaintiff who has alleged one or more personally sustained violations to seek civil penalties for those violations in the same forum as the litigation of non-individual claims. As the Attorney General observes in his amicus curiae brief, “it is not the promise of economic recovery — in court or elsewhere — that gives an aggrieved employee standing to pursue PAGA claims based on violations committed against other workers.” We agree with Adolph that “it is plaintiff’s status as an aggrieved employee, not the redressability of any injury the plaintiff may have suffered, that determines the availability of PAGA standing.” The Legislature clearly delineated PAGA’s standing requirements, and “ ‘ “ ‘[w]here the words of the statute are clear, we may not add to or alter them to accomplish a purpose that does not appear on the face of the statute or from its legislative history.’ ” ’ ” (Kim, supra, 9 Cal.5th at p. 85.) We also note that a PAGA plaintiff compelled to arbitrate individual claims may have a personal stake in the litigation of non-individual claims. For instance, PAGA has a provision for recovery of attorney’s fees and costs. (§ 2699, subd. (g)(1).) This provision may help plaintiffs secure representation by enticing attorneys to take cases they might not have if limited to recovering fees and costs for individual claims alone. Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

Uber Is Doing Everything They Can to Get Out of This Lawsuit, But It's Not Working

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 10 of 15. HackerNoon’s Legal PDF Series here C. Uber also argues that PAGA contains a third standing requirement — the action must “be . . . brought by an aggrieved employee on behalf of himself or herself and other current or former employees” (§ 2699, subd. (a)) — and that Adolph cannot satisfy this requirement with respect to non-individual claims upon being compelled to arbitrate individual claims. But even if we were to agree with Uber’s reading of the statute, Adolph would have standing. Adolph filed a PAGA complaint seeking recovery “on behalf of himself . . . and other current or former employees.” (§ 2699, subd. (a).) “Even though Viking [River] requires the trial court to bifurcate and order individual PAGA claims to arbitration when an appropriate arbitration agreement exists, the individual PAGA claims in arbitration remain part of the same lawsuit as the representative claims remaining in court. Thus, plaintiffs are pursuing a single PAGA action ‘on behalf of [themselves] and other current or former employees,’ albeit across two fora.” (Piplack, supra, 88 Cal.App.5th at p. 1292.) Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

Uber Argues That PAGA Has a Third Standing Requirement and That the Defendant Doesn't Meet It

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 8 of 15. HackerNoon’s Legal PDF Series here A. First, Uber contends that unless Adolph’s non-individual claims are dismissed, his PAGA action will run afoul of Viking River because he will be permitted to relitigate whether he is an aggrieved employee in court to establish standing even if he has agreed to resolve that issue in arbitration as part of his individual PAGA claim. In response, Adolph explains that his PAGA action could proceed in the following manner if he were ordered to arbitrate his individual PAGA claim: First, the trial court may exercise its discretion to stay the non-individual claims pending the outcome of the arbitration pursuant to section 1281.4 of the Code of Civil Procedure. Following the arbitrator’s decision, any party may petition the court to confirm or vacate the arbitration award under section 1285 of the Code of Civil Procedure. If the arbitrator determines that Adolph is an aggrieved employee in the process of adjudicating his individual PAGA claim, that determination, if confirmed and reduced to a final judgment (Code Civ. Proc., § 1287.4), would be binding on the court, and Adolph would continue to have standing to litigate his nonindividual claims. If the arbitrator determines that Adolph is not an aggrieved employee and the court confirms that determination and reduces it to a final judgment, the court would give effect to that finding, and Adolph could no longer prosecute his non-individual claims due to lack of standing. (See Rocha v. U-Haul Co. of California (2023) 88 Cal.App.5th 65, 76– 82.) Uber makes no convincing argument why this manner of proceeding would be impractical or would require relitigating Adolph’s status as an aggrieved employee in the context of his non-individual claims, and we see no basis for Uber’s concern. In any event, Viking River makes clear that in cases where the FAA applies, no such relitigation may occur. (Viking River, supra, 596 U.S. at pp. [142 S.Ct. at pp. 1923–1925].) – Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

A Deeper Look At What Uber Is Claiming: Is It Convincing Enough?

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 7 of 15. HackerNoon’s Legal PDF Series here IV. Uber makes several arguments in urging that a PAGA plaintiff loses standing to litigate non-individual claims in court when the plaintiff’s individual claims are subject to arbitration. None is persuasive. Continue Reading Here. About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

Uber Lawsuit: The Several Arguments They're Making to Get Out of It

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 6 of 15. HackerNoon’s Legal PDF Series here B. Five recent Court of Appeal opinions have reached the same conclusion. (Galarsa v. Dolgen California, LLC (2023) 88 Cal.App.5th 639, 653 (Galarsa) [“[A] plaintiff’s PAGA standing does not evaporate when an employer chooses to enforce an arbitration agreement.”]; Seifu, supra, 89 Cal.App.5th at p. 1134 [“[A] plaintiff is not stripped of standing to pursue nonindividual PAGA claims simply because his or her individual PAGA claim is compelled to arbitration.”]; Piplack, supra, 88 Cal.App.5th at p. 1291 [“[P]aring away the plaintiff’s individual claims does not deprive the plaintiff of standing to pursue representative claims under PAGA . . . .”]; Gregg, supra, 89 Cal.App.5th at p. 792 [“[U]nder California law, Gregg is not stripped of standing to pursue his nonindividual claims in court simply because his individual claim must be arbitrated.”]; Nickson, supra, 90 Cal.App.5th at pp. 134–135 [“Nickson has standing to litigate nonindividual PAGA claims in the superior court notwithstanding his agreement to arbitrate individual PAGA claims.”].) This unanimity is unsurprising because our reading of PAGA’s standing requirements not only follows from the statute’s text but also aligns with its purpose and legislative history. “The Legislature’s sole purpose in enacting PAGA was ‘to augment the limited enforcement capability of the [LWDA] by empowering employees to enforce the Labor Code as representatives of the Agency.’ ” (Kim, supra, 9 Cal.5th at p. 86, quoting Iskanian, supra, 59 Cal.4th at p. 383.) To this end, “the Legislature conferred fairly broad standing on all plaintiffs who were employed by the violator and subjected to at least one alleged violation.” (Kim, at p. 91.) A narrower construction of PAGA standing would “thwart the Legislature’s clear intent to deputize employees to pursue sanctions on the state’s behalf.” (Kim, at p. 91; see Williams v. Superior Court (2017) 3 Cal.5th 531, 548 [“Hurdles that impede the effective prosecution of representative PAGA actions undermine the Legislature’s objectives.”]; Galarsa, supra, 88 Cal.App.5th at p. 653 [“Revoking an employee’s standing as to [non-individual] claims would ‘severely curtail[] PAGA’s availability to police Labor Code violations.’ [(Kim, at p. 91.)]”]; see also Kim, at p. 83 [“Considering the remedial nature of legislation meant to protect employees, we construe PAGA’s provisions broadly, in favor of this protection.”].) The centerpiece of PAGA’s enforcement scheme is the ability of a plaintiff employee to prosecute numerous Labor Code violations committed by an employer and to seek civil penalties corresponding to those violations. (Iskanian, supra, 59 Cal.4th at p. 384; Assembly Judiciary Committee Analysis, supra, at p. 4.) The Legislature enacted PAGA on the premise that Labor Code violations sustained by the plaintiff employee are often only a fraction of the violations committed by an employer that is engaged in unlawful workplace practices. (Iskanian, at p. 384.) As we explained in Kim, “PAGA standing is not inextricably linked to the plaintiff’s own injury. Employees who were subjected to at least one unlawful practice have standing to serve as PAGA representatives even if they did not personally experience each and every alleged violation. (§ 2699(c).) This expansive approach to standing serves the state’s interest in vigorous enforcement.” (Kim, supra, 9 Cal.5th at p. 85.) An interpretation of the statute that impedes an employee’s ability to prosecute his or her employer’s violations committed against other employees would undermine PAGA’s purpose of augmenting enforcement of the Labor Code. (Kim, at p. 86.) In enacting PAGA, the Legislature also expressed an intent to remedy the LWDA’s long-standing funding deficiencies. (See, e.g., Assembly Judiciary Committee Analysis, supra, at p. 4 [“ ‘SB 796 helps generate revenues to the state at a time when we need them.’ ”].) Seventy-five percent of civil penalties recovered in PAGA actions are statutorily allocated to the state to help fund the LWDA in carrying out its regulatory responsibilities related to covered employers, without passing those costs on to taxpayers or diverting funds from other priorities. (§ 2699, subd. (i).) Narrowing PAGA standing in the manner Uber urges would likely reduce state revenues and increase state costs of enforcement. In sum, where a plaintiff has filed a PAGA action comprised of individual and non-individual claims, an order compelling arbitration of individual claims does not strip the plaintiff of standing to litigate non-individual claims in court. This “is the interpretation of PAGA that best effectuates the statute’s purpose, which is ‘to ensure effective code enforcement.’ ” (Galarsa, supra, 88 Cal.App.5th at p. 654, quoting Kim, supra, 9 Cal.5th at p. 87.) Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

The Court of Appeal: Which Way Are They Leaning in the Uber Lawsuit?

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 5 of 15. HackerNoon’s Legal PDF Series here A. “In construing a statute, our task is to ascertain the intent of the Legislature so as to effectuate the purpose of the enactment.” (Cummins, Inc. v. Superior Court (2005) 36 Cal.4th 478, 487.) We look first to “the words of the statute, which are the most reliable indications of the Legislature’s intent.” (Ibid.) As noted, section 2699, subdivision (c) defines “aggrieved employee,” and we have explained that “[t]he plain language of section 2699(c) has only two requirements for PAGA standing.” (Kim, supra, 9 Cal.5th at p. 83.) The plaintiff must allege that he or she is (1) “someone ‘who was employed by the alleged violator’ ” and (2) someone “ ‘against whom one or more of the alleged violations was committed.’ ” (Id. at pp. 83–84, quoting § 2699, subd. (c).) In Kim, we declined to impose additional requirements not found in the statute. (Kim, supra, 9 Cal.5th at pp. 84–91.) The plaintiff, Kim, sued his employer, alleging individual claims for damages and a PAGA claim for civil penalties. (Kim, at p. 82.) Kim settled and dismissed the individual claims for damages, proceeding only with the PAGA claim. (Kim, at p. 82.) The employer conceded that Kim had PAGA standing when he filed suit but argued that Kim’s “standing somehow ended” once his individual claims settled. (Kim, at p. 84.) According to the employer, PAGA standing is premised on an unredressed injury, and because Kim received compensation for his injury, he no longer had the status of an “aggrieved employee.” (Kim, at p. 84.) We rejected this argument, finding it inconsistent with the statutory language in several respects. (Kim, supra, 9 Cal.5th at pp. 83–86.) First, “[t]he Legislature defined PAGA standing in terms of violations . . . . Kim became an aggrieved employee, and had PAGA standing, when one or more Labor Code violations were committed against him,” and “[s]ettlement did not nullify these violations. The remedy for a Labor Code violation, through settlement or other means, is distinct from the fact of the violation itself,” and only the latter is required for PAGA standing. (Kim, at p. 84.) Second, nothing in the text of the statute requires the plaintiff to have an unredressed injury; reading such a requirement into the statute would be “at odds with the statutory definition.” (Id. at p. 85.) Third, allowing post-violation events to strip an aggrieved employee of the ability to pursue a PAGA claim “would add an expiration element to the statutory definition of standing.” (Kim, at p. 85.) Although Uber says Kim is distinguishable because the plaintiff had settled only individual claims for damages and not any claim for civil penalties under PAGA, this circumstance played no role in Kim’s reasoning. Kim made clear that only the fact of a violation is required to confer standing. The Court of Appeal in Johnson v. Maxim Healthcare Services, Inc. (2021) 66 Cal.App.5th 924 (Johnson) similarly declined to read into the statute a standing requirement not supported by its language. There, a company required its workers to sign unlawful noncompete agreements. (Id. at p. 927.) The Labor Code violations sustained by the plaintiff were time-barred, and the employer argued that the plaintiff therefore did not have PAGA standing. (Johnson, at p. 929.) Relying on Kim, the court rejected this argument and held that the plaintiff had standing to pursue her PAGA claim because she satisfied the statutory definition of an “ ‘aggrieved employee.’ ” (Johnson, at p. 930.) The fact that the plaintiff’s “individual claim may be time-barred does not nullify the alleged Labor Code violations nor strip [the plaintiff] of her standing to pursue PAGA remedies.” (Johnson, at p. 930.) As Kim and Johnson make clear, a worker becomes an “aggrieved employee” with standing to litigate claims on behalf of fellow employees upon sustaining a Labor Code violation committed by his or her employer. (See Kim, supra, 9 Cal.5th at pp. 84–85; Johnson, supra, 66 Cal.App.5th at p. 930; § 2699, subd. (c).) Standing under PAGA is not affected by enforcement of an agreement to adjudicate a plaintiff’s individual claim in another forum. Arbitrating a PAGA plaintiff’s individual claim does not nullify the fact of the violation or extinguish the plaintiff’s status as an aggrieved employee, any more than the time-barring of remedies did in Johnson or the settlement of the individual damages claims did in Kim. (See Kim, at pp. 84–85; Johnson, at p. 930.) The operative complaint alleges that Adolph experienced Labor Code violations while driving for Uber. Under Kim, Adolph’s allegations that Labor Code violations were committed against him while he was employed by Uber suffice to confer standing to bring a PAGA action. Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

Comparing the Uber Lawsuit to Previous Cases: Does It Hold Up?

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 4 of 15. HackerNoon’s Legal PDF Series here III. Against this backdrop, we consider whether an aggrieved employee who has been compelled to arbitrate individual claims “premised on Labor Code violations actually sustained by” the plaintiff (Viking River, supra, 596 U.S. at p. __ [142 S.Ct. at p. 1916]; see Lab. Code, § 2699, subd. (a)) maintains statutory standing to pursue non-individual “PAGA claims arising out of events involving other employees” (Viking River, at p. __ [142 S.Ct. at p. 1916]) in court. The high court concluded that a PAGA plaintiff loses standing in this situation: “[A]s we see it, PAGA provides no mechanism to enable a court to adjudicate non-individual PAGA claims once an individual claim has been committed to a separate proceeding. Under PAGA’s standing requirement, a plaintiff can maintain non-individual PAGA claims in an action only by virtue of also maintaining an individual claim in that action. See Cal. Lab. Code Ann. §§ 2699(a), (c). When an employee’s own dispute is pared away from a PAGA action, the employee is no different from a member of the general public, and PAGA does not allow such persons to maintain suit. See Kim, 9 Cal.5th at 90 (‘PAGA’s standing requirement was meant to be a departure from the “general public” . . . standing originally allowed’ under other California statutes). As a result, Moriana lacks statutory standing to continue to maintain her non-individual claims in court, and the correct course is to dismiss her remaining claims.” (Viking River, supra, 596 U.S. at p. __ [142 S.Ct. at p. 1925].) Because “[t]he highest court of each State . . . remains ‘the final arbiter of what is state law’ ” (Montana v. Wyoming (2011) 563 U.S. 368, 378, fn. 5), we are not bound by the high court’s interpretation of California law. (See Viking River, supra, 596 U.S. at pp. [142 S.Ct. at p. 1925] (conc. opn. of Sotomayor, J.) [“Of course, if this Court’s understanding of state law is wrong, California courts, in an appropriate case, will have the last word.”].) And although the high court’s interpretations may serve as persuasive authority in cases involving a parallel federal constitutional provision or statutory scheme (cf., e.g., Raven v. Deukmejian (1990) 52 Cal.3d 336, 353; People v. Teresinski (1982) 30 Cal.3d 822, 835–836), Viking River does not interpret any federal provision or statute similar to PAGA. – Where, as here, a cause of action is based on a state statute, standing is a matter of statutory interpretation. (Kim, supra, 9 Cal.5th at p. 83.) “We review questions of statutory construction de novo.” (California Building Industry Assn. v. State Water Resources Control Bd. (2018) 4 Cal.5th 1032, 1041.) Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

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