September 2015

U-be a Class of Employees

Recently, a federal court in California certified a class action of Uber drivers who claim they are really employees and were misclassified by Uber as independent contractors.  Uber defended the class status of the Uber drivers, arguing that each driver, as independent contractors, had a special contractual relationship with Uber and couldn’t prosecute their individual claims as a class. 
Drivers for a similar service, Lyft, are also suing and alleging class claims under California’s Labor Code. 


Breaking the Logjam: CCP Section 998 Offers

Lawyers have their own peculiar jargon, often using just numbers to convey positions, settlement offers, and tactics.  One of the most commonly used numbers is found in Code of Civil Procedure (CCP) Section 998, technically an “Offer to Compromise” in a dollar certain amount that settles the litigation.   An “Offer to Compromise” pursuant to CCP Section 998 can be made up to 10 days before the commencement of trial, by either side.  If that offer is not accepted, it is deemed withdrawn after 30 days have passed.  Then, if the party to whom the offer is made fails to obtain a verdict less than