paint-brush
The Sources and Authorities Uber Is Citing to Support Their Positionby@legalpdf
120 reads

The Sources and Authorities Uber Is Citing to Support Their Position

by Legal PDF: Tech Court CasesFebruary 3rd, 2024
Read on Terminal Reader
Read this story w/o Javascript
tldt arrow

Too Long; Didn't Read

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].”

People Mentioned

Mention Thumbnail
featured image - The Sources and Authorities Uber Is Citing to Support Their Position
Legal PDF: Tech Court Cases HackerNoon profile picture

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 13 of 15.

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 courts.ca.gov 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.