1st Appellate District
Court data last updated: 11/10/2020 02:00 PM
Docket (Register of Actions)
People of the State of California v. Uber Technologies, Inc. et al.
Division 4
Division 4
Case Number A160706
| Date | Description | Notes |
|---|---|---|
| 08/17/2020 | Petition for writ of supersedeas filed. |
Emergency Stay Requested of Preliminary Injunction Entered August 10, 2020 (Current Stay Expires August 20, 2020) |
| 08/17/2020 | Exhibits lodged. |
VOLUME 1 OF 6 (PAGES 1 TO 663 OF 2463) |
| 08/17/2020 | Exhibits lodged. |
VOLUME 2 OF 6 (PAGES 664 TO 958 OF 2463) |
| 08/17/2020 | Exhibits lodged. |
VOLUME 3 OF 6 (PAGES 959 TO 1216 OF 2463) |
| 08/17/2020 | Exhibits lodged. |
VOLUME 4 OF 6 (PAGES 1217 TO 1750 OF 2463) |
| 08/17/2020 | Exhibits lodged. |
VOLUME 5 OF 6 (PAGES 1751 TO 2068 OF 2463) |
| 08/17/2020 | Exhibits lodged. |
VOLUME 6 OF 6 (PAGES 2069 TO 2463 OF 2463) |
| 08/17/2020 | Filed proof of service. |
|
| 08/18/2020 | Received letter from: |
atty Steven S. Fleischman; dated 8.18.20; seeking permission to file a/c letter of The Chamber of Commerce of the United States of America; permission to file granted 8.20.20; |
| 08/19/2020 | Received letter from: |
Amici Denise Alvarado, Mimi Fan, Daniel Farris, Howard Tanner, Sanda Solis, the California Asian
Pacific Chamber of Commerce, the CA-NAACP State Conference, the Los Angeles Urban League, the
National Action Network Sacramento Chapter Inc., the National Asian American Coalition, and the
National Diversity Coalition; dated 8.19.20; rec'd pending permission to file; permission to file granted 8.20.20; |
| 08/19/2020 | Opposition filed. |
The People's Opposition to Petitions for Writ of Supersedeas |
| 08/19/2020 | Application filed to: |
Petitioner's Application for LEave to FIle Reply in Support of Petition for Writ of Supersedeas; Proposed Reply |
| 08/19/2020 | Filed proof of service. |
Proof of Service re: Petitioner's Application for LEave to FIle Reply in SUpport of Petiiton for Writ of Supersedeas; Proposed Reply |
| 08/20/2020 | Order filed. |
The request for leave to file the August 18, 2020 letter of The Chamber of Commerce of the United States of America in support of appellants/petitioners is granted. The clerk of this court shall concurrently file this order and the proffered amicus letter.
The request for leave to file the August 19, 2020 letter of amici -Denise Alvarado, Mimi Fan, Daniel Farris, Howard Tanner, Sanda Solis, the California Asian Pacific Chamber of Commerce, the CA-NAACP State Conference, the Los Angeles Urban League, the National Action Network Sacramento Chapter Inc., the National Asian American Coalition, and the National Diversity Coalition - in support of appellants/petitioners is granted. The clerk of this court shall concurrently file this order and the proffered amici letter. |
| 08/20/2020 | Order filed. |
In A160701, petitioner Lyft, Inc.?s application for leave to file a reply is granted. The clerk of this court shall concurrently file this order and the proffered reply
In A160706, petitioner Uber Technologies, Inc.?s application for leave to file a reply is granted. The clerk of this court shall concurrently file this order and the proffered reply. |
| 08/20/2020 | Filed: |
both amicus/amici letters per 8.20.20 order; |
| 08/20/2020 | Order filed. |
On August 10, 2020, the trial court issued a preliminary injunction enjoining Lyft, Inc. (Lyft) and Uber Technologies, Inc. (Uber) from classifying their drivers as independent contractors and from violating certain laws. Both Lyft and Uber have appealed the order, and the trial court stayed the injunction for ten days to allow them to seek relief in this court. Lyft (in case No. A160701) and Uber (in case No. A160706) have each petitioned this court for a writ of supersedeas. The People have filed an opposition to the petitions. The petitions for writ of supersedeas are hereby consolidated for purposes of decision.
The petitions are granted and the preliminary injunction is stayed pending resolution of Lyft and Uber's appeals, subject to the condition that, by 5:00 p.m. on August 25, 2020, Lyft and Uber shall both file written consents to the expedited procedures specified herein. If Lyft and Uber do not both file such written consents, the stay shall expire at 5:00 p.m. on August 25, 2020. The procedures are as follows:
1. Lyft's and Uber's appeals shall be consolidated. Lyft and Uber may file separate briefs or combined briefs as they prefer.
2. Lyft and Uber shall proceed with an appendix in lieu of a clerk?s transcript on appeal. (Cal. Rules of Court, rule 8.124.) They shall cooperate to prepare and file a single combined appellants' appendix, rather than separate appendices, which they shall file no later than the date they file their opening briefs. The appendix shall include a full copy of the index at the beginning of each appendix volume, and the digital copy of the appendix shall include pdf bookmark tabs for each entry on the index.
3. Briefing shall proceed on the following schedule. The appellants' opening briefs shall be filed no later than September 4, 2020. The respondent's brief shall be filed no later than September 18, 2020. The reply briefs, if any, shall be filed no later than September 25, 2020. Absent unforeseen extraordinary circumstances, there shall be no extensions. Oral argument shall be scheduled for October 13, 2020.
4. On or before September 4, 2020, each defendant shall submit a sworn statement from its chief executive officer confirming that it has developed implementation plans under which, if this court affirms the preliminary injunction and Proposition 22 on the November 2020 ballot fails to pass, the company will be prepared to comply with the preliminary injunction within no more than 30 days after issuance of the remittitur in the appeal.
5. Should Lyft or Uber fail to comply with these procedures, the People may apply to this court to vacate this stay.
Unless otherwise ordered, the stay will dissolve upon issuance of the remittitur in the appeal. (Cal. Rules of Court, rule 8.272.) |
| 08/21/2020 | Filed document entitled: |
"appellant Uber Technologies, Inc.'s consent to expedited procedures"; |
| 08/21/2020 | Filed proof of service. |
as to "appellant Uber Technologies, Inc.'s consent to expedited procedures"; |
| 08/24/2020 | Filed document entitled: |
"Lyft's Inc.'s consent to expedited procedures"; |
| 08/24/2020 | Filed proof of service. |
as to "Lyft's consent to expedited procedures"; |
| 09/04/2020 | Appellant's appendix filed. |
Volume 1 of 11; Pages 1-319 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 2 of 11; Pages 320-643 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 3 of 11; Pages 644-966 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 4 of 11; Pages 967-1288 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 5 of 11; Pages 1289-1603 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 6 of 11; Pages 1604-1912 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 7 of 11; Pages 1913-2238 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 8 of 11; Pages 2239-2548 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 9 of 11; Pages 2549-2825 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 10 of 11; Pages 2826-3023 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Volume 11 of 11; Pages 3024-3157 of 3157 |
| 09/04/2020 | Appellant's appendix filed. |
Supplemental Appendix
Certified Reporter's Transcripts - Volume 1 of 1; Pages 1-119 |
| 09/04/2020 | Appellant's opening brief. |
Defendant and Appellant: Lyft, Inc. |
| 09/04/2020 | Filed proof of service. |
By Lyft, Inc. re: aob and declaration of Logan Green. |
| 09/04/2020 | Filed declaration of: |
Declaration of Logan Green; Lyft Inc. |
| 09/04/2020 | Appellant's opening brief. |
Defendant and Appellant: Uber Technologies, Inc. |
| 09/04/2020 | Filed document entitled: |
Sworn Statement of Dara Khosrowshahi, Chief Executive Officer of Uber Technologies, Inc. |
| 09/04/2020 | Filed proof of service. |
By Uber re: aob, appendices, request for judicial notice, appendices, sworn statement of Dara Khosrowshahi |
| 09/04/2020 | Request for judicial notice filed. |
By appellant Uber Technologies, Inc.; Declaration of Blaine H. Evanson; Proposed Order |
| 09/14/2020 | Application filed to: |
Respondent's Application for Longer Brief; Delcaration of Molly Alarcon; [Proposed] Order |
| 09/14/2020 | Filed proof of service. |
For Respondent's Application for Longer Brief; Delcaration of Molly Alarcon; [Proposed] Order |
| 09/16/2020 | Order filed. |
Respondent?s application for permission to file a consolidated respondent?s brief in excess of the 14, 000-word limit prescribed by Rule 8.204(c)(1) of the Appellate Rules is granted, but the brief shall not exceed 17, 000 words. The brief remains due on September 18, 2020. |
| 09/18/2020 | Respondent's appendix filed. |
1 Volume |
| 09/18/2020 | Request for judicial notice filed. |
Respondent's Request for Judicial Notice; Memorandum of Points & Authorities; Declaration of Mana Barari; Proposed Order |
| 09/18/2020 | Respondent's brief. |
Plaintiff and Respondent: The People |
| 09/18/2020 | Filed proof of service. |
Declaration of service for the respondent's brief, respondent's appendix, and declaration of electronic service |
| 09/18/2020 | Filed proof of service. |
Declaration of electronic service for request for judicial notice; memorandum of points & authoirities in support; declaration of Mana Barari; proposed order, and declaration of electronic service |
| 09/22/2020 | Application to file amicus curiae brief filed by: |
By Gig Workers Rising, Mobile Workers Alliance, Ridshare Drivers United, and We Drive Progress in support of respondent the People. |
| 09/22/2020 | Application to file amicus curiae brief filed by: |
By National Employment Law Project, American Civil Liberties Union of Northern California et al., Asian Americans Advancing Justice - Asian Law Caucus, Bet Tzedek Legal Services, California Employment Lawyers' Association, the Center of Workers' Rights, Centro Legal de la Raza, Council on American-Islamic Relations - California Chapter, La Raza Centro Legal's Workers' Rights Program, Legal Aid at Work, the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, the Women's Employment Rights Clinic of Golden Gate University School of Law, and Worksafe, Inc. in support of Respondent **Attached amicus brief filed as of 9/28/2020** |
| 09/22/2020 | Application to file amicus curiae brief filed by: |
International Brotherhood of Teamsters, Service Employees International Union California State Council, State Building
and Construction Trades Council of California, Transport Workers Union, United Food and Commercial Workers Union Western States Council, UNITE HERE, and California Labor Federation in support of respondent The People |
| 09/28/2020 | Order granting motion to file amicus curiae brief. |
BY THE COURT:
The applications of National Employment Law Project et al., Gig Workers Rising et al., and International Brotherhood of Teamsters et al. for leave to file an amicus curiae brief in support of respondent are each granted. The clerk of this court shall concurrently file this order and the proffered amicus briefs.
Subject to further order of this court, any response to said amicus briefs shall be served and filed within 7 days from the date of this order. (Cal. Rules of Court, rule 8.200(c)(6).)
No reply to any answer may be filed without permission of the court. |
| 09/28/2020 | Amicus curiae brief filed by: |
International Brotherhood of Teamsters, Service Employees International Union California State Council, State Building
and Construction Trades Council of California, Transport Workers Union, United Food and Commercial Workers Union Western States Council, UNITE HERE, and California Labor Federation in support of respondent The People |
| 09/28/2020 | Amicus curiae brief filed by: |
Plaintiff and Respondent: The People |
| 09/25/2020 | Request for judicial notice filed. |
Lyft, Inc.'s Request for Judicial Notice; Memorandum of Points and Authorities in Support; Declaration of Rohit K. Singla; Proposed Order |
| 09/25/2020 | Appellant's reply brief. |
Defendant and Appellant: Lyft, Inc. |
| 09/25/2020 | Filed proof of service. |
For Lyft, Inc.'s Reply Brief and request for judicial notice, memorandum of points and authorities, and declaration |
| 09/25/2020 | Filed proof of service. |
Fof Uber's arb |
| 09/25/2020 | Appellant's reply brief. |
Defendant and Appellant: Uber Technologies, Inc. |
| 09/28/2020 | Case fully briefed. |
|
| 09/30/2020 | Argument order sent. |
10.13.20 at 10:10 am; 20 mins. per side; |
| 10/02/2020 | Application to file amicus curiae brief filed by: |
Denise Alvarado, Tony Do, Mimi Fan, Victoria Broussard, Jim Pyatt, Daniel Farris, Robert Prather, Howard Tanner ("Individual Drivers"), and Independent Drivers Association of California in support of Appellants |
| 10/02/2020 | Change of contact information filed for: |
Benjamin Bing-Ho Au
old address 1: 953 East 3rd Stret
new address 1: 217 Leidesdorff Street
old city: Los Angeles
new city: San Francisco
old zip: 90013
new zip: 94111
old phone: (213) 992-4499
new phone: (415) 362-6666 |
| 10/02/2020 | Order filed. |
BY THE COURT:
The applications of Individual Drivers et al, Mothers Against Drunk Driving et al., and The Chamber of Commerce of the United States of America et al. for leave to file an amicus curiae brief in support of appellants are each granted. The clerk of this court shall concurrently file this order and the proffered amicus briefs.
Subject to further order of this court, any response to said amicus briefs shall be served and filed by October 9, 2020 at 5:00pm. (Cal. Rules of Court, rule 8.200(c)(6).)
No reply to any answer may be filed without permission of the court. |
| 10/02/2020 | Amicus curiae brief filed by: |
Amicus curiae for appellant: Mothers Against Drunk Driving Amicus curiae for appellant: California State Sheriffs' Association Mothers Against Drunk Driving and the California State Sheriffs' Association in Support of Appellants |
| 10/05/2020 | Case on conference list. |
|
| 10/02/2020 | Application to file amicus curiae brief filed by: |
By Chamber of Commerce of the United States of America, The California Chamber of Commerce, The National Retail Federation, and the HR Policy Association in support of appellants Lyft, Inc. and Uber Technologies, Inc. |
| 10/05/2020 | Application to file amicus curiae brief filed by: |
By Independent Women's Law Center in Support of Defendant-Appellants |
| 10/05/2020 | Filed proof of service. |
For application for leave to file amici curiae brief and amici curie brief by Communities-of-Color |
| 10/05/2020 | Application to file amicus curiae brief filed by: |
By Communities-of-Color Organizations in support of defendants and appellants |
| 10/05/2020 | Order granting motion to file amicus curiae brief. |
BY THE COURT:
The applications of Independent Women's Law Center and Communities-of Color Organizations for leave to file an amicus curiae brief in support of appellants are each granted. The clerk of this court shall concurrently file this order and the proffered amicus briefs.
Subject to further order of this court, any response to said amicus briefs shall be served and filed by October 9, 2020 at 5:00pm. (Cal. Rules of Court, rule 8.200(c)(6).)
No reply to any answer may be filed without permission of the court. |
| 10/05/2020 | Amicus curiae brief filed by: |
Amicus curiae for appellant: Communities-of-Color Organizations |
| 10/06/2020 | Order filed. |
On the court's own motion, actions A160701 and A160706 are hereby consolidated for purposes of oral argument on October 13, 2020 and decision. |
| 10/05/2020 | Response to amicus curiae brief filed by: |
Defendant and Appellant: Uber Technologies, Inc. |
| 10/05/2020 | Filed proof of service. |
For Uber's response to amici |
| 10/06/2020 | Notice of appeal lodged/received. |
Filed 08/12/2020 by Counsel for Defendant Uber Technologies, Inc. et al. appealing judgment from 08/10/2020. |
| 10/05/2020 | Response to amicus curiae brief filed by: |
Defendant and Appellant: Lyft, Inc. |
| 10/05/2020 | Filed proof of service. |
For Lyft Inc's Response to Amici Supporting the State |
| 10/06/2020 | Application to file amicus curiae brief filed by: |
By Public Rights Project and 15 Civil Rights, Gender Justice, and Worker Rights Organizations |
| 10/06/2020 | Filed proof of service. |
For application of Public Rights Project and 15 Civil Rights, Gender Justice, and Worker Rights Organizations to file amicus brief in support of respondent, and proprosed brief |
| 10/06/2020 | Order granting motion to file amicus curiae brief. |
BY THE COURT:
The application of Bay Area Council, Earth Sparks, Internet Association, the Silicon Valley Leadership Group, and TechNet for leave to file an amicus curiae brief in support of appellants is granted. The clerk of this court shall concurrently file this order and the proffered amicus brief.
Subject to further order of this court, any response to said amicus brief shall be served and filed by October 9, 2020 at 5:00pm. (Cal. Rules of Court, rule 8.200(c)(6).)
No reply to any answer may be filed without permission of the court. |
| 10/06/2020 | Amicus curiae brief filed by: |
By Bay Area Council, Earth Sparks, Internet Association, the Silicon Valley Leadership Group, and TechNet |
| 10/06/2020 | Order granting motion to file amicus curiae brief. |
BY THE COURT:
The application of Public Rights Project and 15 Civil Rights, Gender Justice, and Worker Rights Organizations for leave to file an amicus curiae brief in support of respondent is granted. The clerk of this court shall concurrently file this order and the proffered amicus brief.
Subject to further order of this court, any response to said amicus brief shall be served and filed by October 9, 2020 at 5:00pm. (Cal. Rules of Court, rule 8.200(c)(6).)
No reply to any answer may be filed without permission of the court. |
| 10/07/2020 | Civil case information statement filed. |
Defendant and Appellant: Uber Technologies, Inc. |
| 10/07/2020 | Civil case information statement filed. |
Defendant and Appellant: Lyft, Inc. |
| 10/09/2020 | Response to amicus curiae brief filed by: |
Plaintiff and Respondent: The People |
| 10/09/2020 | Response to amicus curiae brief filed by: |
Defendant and Appellant: Lyft, Inc. |
| 10/13/2020 | Note: |
No additional responses to amici brief received as of 10/13/20. |
| 10/13/2020 | Cause argued and submitted. |
|
| 10/22/2020 | Order filed. |
Appellant Uber Technologies, Inc. on September 4, 2020 filed a request for judicial notice of a copy of a post on its web site, which was not before the trial court. Good cause lacking, the request is denied.
Respondent filed a request for judicial notice on September 18, 2020. The request is denied as to exhibit A, a copy of the jury instruction CACI 2705. The request is granted as to exhibit B, an excerpt of the legislative history of Assembly Bill 5.
Appellant Lyft, Inc. on September 25, 2020 filed a request for judicial notice of a report by California Employment Development Department?s Strike Team, which is dated after the trial court reached the decision challenged on appeal. Good cause lacking, the request is denied. |
| 10/22/2020 | Opinion filed. |
(Signed Published) The August 10, 2020 order is affirmed. The stay issued on August 20, 2020, shall expire 30 days after issuance of the remittitur in this appeal. |
| 11/06/2020 | Rehearing petition filed. |
By appellant Lyft, Inc. |
| 11/06/2020 | Rehearing petition filed. |
By appellant Uber Technologies, Inc. |
| 11/09/2020 | Order filed. |
Following this court's October 22, 2020 opinion, appellants Uber Technologies, Inc. and Lyft, Inc. filed petitions for rehearing on November 6, 2020.
The court hereby requests an answer to the rehearing petitions be served and filed on or before Tuesday, November 17, 2020. (Cal. Rules of Court, rule 8.268(b)(2).) In the answer, respondents are asked to address whether the effect of the passage of Proposition 22 on the continued appropriateness of the injunction is properly decided in the first instance in this court or in the trial court.
Uber Technologies, Inc. and Lyft, Inc. may file reply briefs no later than Thursday, November 19, 2020.
The clerk of this court is directed to immediately notify the parties of this order by an expeditious method. |
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