The California Supreme Court has made it more difficult to classify workers as independent contractors. Businesses now have the burden of establishing the classification of their workers by applying the “ABC Test” if they want to prove the workers to be independent contractors and not employees. This case involves delivery drivers who sued Dynamex Operations…

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This case involves a decedent who was walking in a generally westbound direction on Curtner Avenue near its intersection with State Route 87 in San Jose, CA, when he was struck by defendant driving his work truck. Plaintiffs allege causes of action against the driver and company for negligence, and a cause of action for…

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The San Francisco Superior Court had denied Ellis’ motion for trial preference and Ellis petitioned for a writ. In a decision that is unpublished but will nevertheless be very influential with trial courts in California asbestos litigation, a three-justice panel of the Court of Appeal (Hon. Therese M. Stewart, Hon. J. Anthony Kline, and Hon….

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The right to recover costs in a civil action is determined by statute. Generally, the prevailing party is entitled as a matter of right to recover its costs. Cal. Code Civ. Proc. § 1032(b). In this case, the Appellate Court discussed whether mediation fees could be recovered as costs when mediation was voluntary, not court-ordered….

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