Juan Martinez v. Rideshare Port Management LLC, et al.
Published: Nov. 24, 2012 | Result Date: Aug. 7, 2012 | Filing Date: Jan. 1, 1900 |Case number: BC451293 Bench Decision – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
William O. Stein
(Epstein Becker Green PC)
Rhea G. Mariano
(Office of the Attorney General)
Experts
Plaintiff
Ray A. Mundy
(technical)
Facts
Defendant Rideshare Port Management LLC (Rideshare) is in the shared ride industry and transports customer to and from airports and harbors. Rideshare brings customers with owner-operator drivers who are able to provide transportation. Plaintiff Juan Martinez was one of those owner-operators.
Rideshare provided evidence that Martinez controlled the details of his work and conducted his business as an owner-operator. The services of owner-operators were and are regulated by California Public Utilities Commission (PUC).
Independent from Defendant, Martinez obtained Charter-Party Permit (TCP) from the PUC for both himself and the limited liability company (LLC) he founded.
Martinez owned two vans and allowed other drivers to drive his vans under his LLC's TCP permit. Rideshare provided evidence that Martinez controlled how he provided services, the hours he was available to work, and whether or not to accept fares.
In addition, Rideshare provided evidence that the requirements that Martinez alleged were evidence of an employment relationship (e.g., vehicle safety inspections, uniforms, centralized communications) were not Rideshare's requirements but those placed by the PUC and/or City of Los Angeles in order to operate at the Los Angeles International Airport.
Martinez brought this action for alleged wage and hour violations and related causes of action premised on his allegation that defendants Rideshare Port Management LLC, Rattan Joea, and Parminder Joea misclassified him as an independent contractor instead of an employee.
The Court concluded that such requirements did not establish an employment relationship.
Contentions
PLAINTIFF'S CONTENTIONS:
Martinez contended that he was an employee, and thus, entitled to overtime, regular wages, meal periods and rest breaks, itemized paychecks, waiting time penalties, and other remedies under the law.
DEFENDANT'S CONTENTIONS:
Rideshare contended that Martinez was an independent contractor; thus, he was not misclassified and he was not entitled to the remedies he seeks.
Result
The Court rendered its verdict in favor of Defendants by finding that Martinez was an independent contractor. The Court entered its statement of decision and judgment in favor of all defendants accordingly.
Other Information
FILING DATE: Dec. 15, 2010.
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