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Modification: People v. Uber Technologies, Inc.

Ruling by

Jon B. Streeter

Lower Court

San Francisco County Superior Court

Lower Court Judge

Ethan P. Schulman

Because drivers performed services for defendant rideshare companies in usual course of defendants' businesses, there was reasonable probability of prevailing on drivers' claim that defendants misclassified drivers.





Court

California Courts of Appeal 1DCA/4

Cite as

2020 DJDAR 12500

Published

Nov. 25, 2020

Filing Date

Nov. 20, 2020

Opinion Type

Modification

Disposition Type

Affirmed


THE PEOPLE,

Plaintiff and Respondent,

 

v.

 

UBER TECHNOLOGIES, INC. et al.,

Defendants and Appellants.

 

Nos. A160701, A160706

 

(City & County of San Francisco Super. Ct. No. CGC‑20‑584402)

California Courts of Appeal

First Appellate District

Division Four

Filed November 20, 2020

 

ORDER MODIFYING OPINION;

AND ORDER DENYING

PETITIONS FOR REHEARING

[NO CHANGE IN JUDGMENT]

 

THE COURT*: 

On November 6, 2020, appellants Lyft, Inc. and Uber Technologies, Inc. filed petitions for rehearing of this court's October 22, 2020 opinion in the above-entitled matter, on the ground that a preliminary injunction is no longer appropriate after passage of Proposition 22 in the November 3, 2020 election. The petitions for rehearing are denied without prejudice to the parties' right to file a motion in the trial court to vacate the injunction in light of new circumstances. This court will issue the remittitur forthwith if all parties so stipulate. (Cal. Rules of Court, rule 8.272(c)(1).)

The opinion filed on October 22, 2020 is modified as follows.

 

On page 22, the disposition is modified to read:

The August 10, 2020 order is affirmed. The stay issued on August 20, 2020 shall expire 60 days after issuance of the remittitur, or, if any party brings an application or motion to vacate the preliminary injunction within that time period, 30 days after the trial court rules on the motion or application, whichever is later.

 

This modification does not effect a change in the judgment.

 

 

Dated:

 



* Pollak, P.J., Streeter, J., and Brown, J. participated in the decision.

* Pollak, P.J., Streeter, J., and Brown, J. participated in the decision.

* Pollak, P.J., Streeter, J., and Brown, J. participated in the decision.

* Pollak, P.J., Streeter, J., and Brown, J. participated in the decision.

* Pollak, P.J., Streeter, J., and Brown, J. participated in the decision.

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