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SOUTHERN CALIFORNIA RECORD

Tuesday, April 30, 2024

Rich Peters News


CTA wins fight to temporarily exempt truck drivers from AB5, but the fight is not over

By Rich Peters |
SAN DIEGO – A federal judge last week ruled that California’s freelance truckers are temporarily exempt from the state’s new Assembly Bill 5 gig economy law as the California Trucking Association (CTA) now seeks permanent injunction.

WSTA: Pro-trucker ruling looks 'very positive' for permanent injunction from AB 5

By Rich Peters |
SAN DIEGO – California’s freelance truckers are temporarily exempt from the state’s new Assembly Bill 5 gig economy law after a ruling from a federal judge.

NFIB attorney says small businesses should be aware of consumer data collection threshold of CCPA

By Rich Peters |
SACRAMENTO – During a recent panel discussion regarding the California Consumer Privacy Act (CCPA), John Kabateck, California state director for the National Federation of Independent Business, explained that one component of the law may affect a large number of small businesses: the collection of 50,000 pieces of consumer data.

CABIA releases names of law firms that are 'most-active' PAGA filers

By Rich Peters |
SACRAMENTO – The California Business and Industrial Alliance (CABIA) has released the names of the top law firms that are using the California Private Attorneys General Act (PAGA) the most, informing the public of the potential abuse of the law.

ATRF cites PAGA as reason to place California in second spot on Judicial Hellholes list

By Rich Peters |
WASHINGTON – The American Tort Reform Association (ATRF) released its annual Judicial Hellholes report last week with the state of California placing as the second worst legal climate in the nation following the Philadelphia Court of Common Pleas.

California Trucking Association files for injunction on 'ABC test'

By Rich Peters |
SACRAMENTO – The California Trucking Association (CTA) has filed a motion for preliminary injunction to cease enforcement of Assembly Bill 5 on the industry. The case is set for hearing on Thursday, Dec. 19 in U.S. District Court for the Southern District of California.

PG&E says inverse condemnation is 'flawed legal doctrine and bad for customers'

By Rich Peters |
LOS ANGELES – PG&E continues to stand firmly behind itself despite former California Public Utilities Commission president Loretta Lynch recently saying that the state may need to take over California’s largest investor-owned utilities company following a string of utility-sparked wildfires that have killed scores of Californians and destroyed billions in property.

Southern California Edison says it is ‘bolstering situational awareness’ amid wildfire controversies

By Rich Peters |
SAN FRANCISCO – California’s electricity suppliers are facing more scrutiny since former California Public Utilities Commission president Loretta Lynch said that the state may need to take over their investor-owned utilities in an article in the Los Angeles Times.

CABIA founder on PAGA: 'Where is all the money going?'

By Rich Peters |
SAN JOSE – A $12 million settlement was recently approved by Santa Clara Superior Court Judge Thomas E. Kuhnle against Safeway for failing to provide seats to more than 30,000 store cashiers.

Former state senator calls $12 million Safeway settlement an 'excellent example' of what's wrong with PAGA

By Rich Peters |
SAN JOSE – A $12 million settlement against Safeway for failing to provide seats to more than 30,000 store cashiers was recently approved by Santa Clara Superior Court Judge Thomas E. Kuhnle.

Judge grants Ford summary judgment in lemon law MDL; Finds plaintiff could not prove damages

By Rich Peters |
LOS ANGELES – The U.S. District Court for the Central District of California this week granted Ford Motor Co.’s motion for summary adjudication in the case of a consumer who alleged there was a defective DPS6 transmission in his 2013 Ford Focus.

California judge slashes attorney fees in lemon law case against Hyundai; Upheld on appeal

By Rich Peters |
A Los Angeles County judge recently slashed attorney fees in a Lemon Law case against Hyundai Motor America, denying the plaintiff’s legal counsel tens of thousands of dollars and taking a stance against a dubious trend that has been taking place in similar cases.

CALA supports CalChamber's lawsuit against attorney general in Prop. 65 acrylamide warning requirement

By Rich Peters |
SACRAMENTO – The California Chamber of Commerce filed a lawsuit earlier this month against California Attorney General Xavier Becerra to end the requirement for Proposition 65 warnings on acrylamide in food and beverages.

Prolific California lemon law litigators sparring over attorney’s fees; Defendant firm argues alleged oral contract not enforceable

By Rich Peters |
LOS ANGELES – Two prominent law firms are sparring over an alleged breach of contract surrounding attorney’s fees from a number of California Lemon Law cases in which they worked together, with the defendant firm arguing that there is no legal claim to the basis of the allegations because the alleged contract was an oral one.

Ag coalition files motion for permanent summary judgment against Prop 65 regarding glyphosate safety

By Rich Peters |
SACRAMENTO – A nationwide coalition of agricultural producers and business organizations representing a substantial segment of U.S. agriculture filed a motion on Sept.25 for a permanent summary judgment against the California Attorney General regarding the state’s cancer warning requirement for products containing glyphosate under California’s Proposition 65.

Ford seeks to exclude plaintiffs' auto mechanic expert in transmission MDL, saying scientific knowledge not there as Daubert requires

By Rich Peters |
LOS ANGELES – U.S. District Judge Andre Birotte Jr. last week denied summary judgment sought by Ford Motor Co. in multi-district litigation involving transmission issues with Focus and Fiesta models, but he will allow further hearing on the company's moves to exclude certain plaintiff expert witnesses.

Lyft spokesman says passage of Assembly Bill 5 could cause higher costs, longer wait times

By Rich Peters |
SACRAMENTO – California has passed a landmark employment legislation that challenges the business model of such “gig-economy” companies as ride-hailing giants Uber Technologies and Lyft, some of the powerhouses of Silicon Valley over the past decade.

CBIA founder: Business community hopes Newsom 'is not as influenced by the unions' as Brown

By Rich Peters |
SACRAMENTO – Businesses are finding it more challenging than ever to make it in the Golden State as a number of new laws and amendments are being pushed forward by legislators. Many of these laws could impact businesses to the point of shutting their doors or leaving the state entirely, and some have.

'Time will tell' how Newsom administration will impact state business, expert says

By Rich Peters |
SACRAMENTO – It’s a tricky time for businesses in the state of California as a number of new laws and amendments are waiting in the wings. Many of these laws could impact business to the point of closing down entirely or leaving the state – some already have.

Four amicus briefs filed in case appeal of bellwether Roundup trial; Farmers question - 'what is the law?'

By Rich Peters |
SAN FRANCISCO – Four amicus briefs have been filed in the California Court of Appeals, First Appellate District, Division One in the case of Dewayne Johnson v. Monsanto.