A video of an Ontario woman warning other rideshare users in the province to be wary of a potential &quot;cleaning fee scam&quot; on apps like <strong>Uber</strong>...

Viral video warns Ontario rideshare users about 'cleaning fee scam' on Uber

An Ontario woman is warning the public of a potential <strong>Uber</strong> scam happening around the GTA after her friend was charged a nearly $300 cleaning fee for a mess she didn’t make.

Ontario woman warns rideshare users about potential scam involving cleaning fees on Uber - NOW Toronto

Uber Technologies, Inc. provides ride hailing services. The Company develops applications for road transportation, navigation, ride sharing, and payment processing solutions. Uber Technologies serves customers worldwide.

Uber Technologies, Inc. develops and operates proprietary technology applications in the United States, Canada, Latin America, Europe, the Middle East, Africa, and the Asia Pacific. It connects consumers with independent providers of ride services for ridesharing services; and connects riders and other consumers with restaurants, grocers, and other stores with delivery service providers for meal preparation, grocery, and other delivery services. The company operates through three segments: Mobility, Delivery, and Freight. The Mobility segment provides products that connect consumers with mobility drivers who provide rides in a range of vehicles, such as cars, auto rickshaws, motorbikes, minibuses, or taxis. It also offers financial partnerships, transit, and vehicle solutions offerings. The Delivery segment allows consumers to search for and discover local restaurants, order a meal, and either pick-up at the restaurant or have the meal delivered; and offers grocery, alcohol, and convenience store delivery, as well as select other goods. The Freight segment connects carriers with shippers on the company's platform and enable carriers upfront, transparent pricing, and the ability to book a shipment, as well as transportation management and other logistics services offerings. The company was formerly known as Ubercab, Inc. and changed its name to Uber Technologies, Inc. in February 2011. Uber Technologies, Inc. was founded in 2009 and is headquartered in San Francisco, California.

Uber

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 15 of 15. HackerNoon’s Legal PDF Series here CONCLUSION We reverse the judgment of the Court of Appeal and remand the case for further proceedings consistent with this opinion. We limited our review to the question of PAGA standing and express no view on the parties’ arguments regarding the proper interpretation of the arbitration agreement. LIU, J. We Concur: GUERRERO, C. J. CORRIGAN, J. KRUGER, J. GROBAN, J. JENKINS, J. EVANS, J About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

The Judgement of the Court of Appeals Is Reversed in the Uber Lawsuit

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 13 of 15. HackerNoon’s Legal PDF Series here F. Uber also cites a number of authorities, but none supports its position. In Amalgamated Transit Union, Local 1756, AFLCIO v. Superior Court (2009) 46 Cal.4th 993, 1005, we held that unions do not have standing under PAGA because they are “not employees” and therefore “cannot satisfy the express standing requirements of [PAGA].” Our rejection of associational standing under PAGA has no bearing on the question here. In Robinson v. Southern Counties Oil Co. (2020) 53 Cal.App.5th 476, the court held that a plaintiff did not have standing when he brought a PAGA action “based on violations alleged to have occurred after . . . [he] was no longer employed by [the defendant].” (Id. at p. 484.) There, the plaintiff “was not affected by any of the alleged violations” at issue in the case. (Ibid.) In this case, the operative complaint alleges that Adolph was employed by Uber and personally sustained one or more Labor Code violations committed by Uber during the time period applicable to his PAGA action. Uber also relies on Californians for Disability Rights v. Mervyn’s, LLC (2006) 39 Cal.4th 223, where we said that “[f]or a lawsuit properly to be allowed to continue, standing must exist at all times until judgment is entered and not just on the date the complaint is filed.” (Id. at pp. 232–233.) Our holding today is consistent with Mervyn’s. As we explained in Kim, the question of standing is governed by the terms of PAGA. Because a single action may still be maintained when issues comprising the action have been bifurcated into judicial and arbitral forums, the relevant statutory standing requirements are met “on the date the complaint is filed” and thereafter, regardless of whether an aggrieved employee’s individual claims have been sent to arbitration. (Mervyn’s, at p. 233.) Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

The Sources and Authorities Uber Is Citing to Support Their Position

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 12 of 15. HackerNoon’s Legal PDF Series here E. Uber further argues that a PAGA plaintiff, upon arbitrating personally sustained Labor Code violations, stands in no different position than a member of the general public with regard to non-individual claims. “General public” standing once existed under the UCL and allowed individuals with no ties to the unlawful conduct to bring suit. (Kim, supra, 9 Cal.5th at p. 90.) In order to curb abusive litigation, the Legislature designed PAGA standing to be narrower than general public standing. (Kim, at p. 90.) An “aggrieved employee” under PAGA is not merely a member of the general public; an “aggrieved employee” is an individual who worked for the alleged violator and personally sustained at least one Labor Code violation. (§ 2699, subd. (c); see Kim, at p. 90, quoting Sen. Com. on Judiciary, Analysis of Sen. Bill No. 796 (2003–2004 Reg. Sess.) as amended Apr. 22, 2003, p. 7.) An employee who has met these requirements upon bringing a PAGA action does not lose standing to litigate non-individual claims by virtue of being compelled to arbitrate individual claims. This is true even if the employee obtains redress for individual claims in arbitration. (See Kim, at p. 84.) Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

Uber: PAGA Plaintiff No Different Than A Member of the General Public

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 11 of 15. HackerNoon’s Legal PDF Series here D. Next, Uber contends that a PAGA plaintiff must have a “financial stake in the outcome of the case” and that if an arbitrator grants an award to the plaintiff based on his or her personally sustained violations, the plaintiff loses standing to litigate non-individual claims because he or she has no financial stake in those claims. For purposes of standing, however, the statute does not require a PAGA plaintiff who has alleged one or more personally sustained violations to seek civil penalties for those violations in the same forum as the litigation of non-individual claims. As the Attorney General observes in his amicus curiae brief, “it is not the promise of economic recovery — in court or elsewhere — that gives an aggrieved employee standing to pursue PAGA claims based on violations committed against other workers.” We agree with Adolph that “it is plaintiff’s status as an aggrieved employee, not the redressability of any injury the plaintiff may have suffered, that determines the availability of PAGA standing.” The Legislature clearly delineated PAGA’s standing requirements, and “ ‘ “ ‘[w]here the words of the statute are clear, we may not add to or alter them to accomplish a purpose that does not appear on the face of the statute or from its legislative history.’ ” ’ ” (Kim, supra, 9 Cal.5th at p. 85.) We also note that a PAGA plaintiff compelled to arbitrate individual claims may have a personal stake in the litigation of non-individual claims. For instance, PAGA has a provision for recovery of attorney’s fees and costs. (§ 2699, subd. (g)(1).) This provision may help plaintiffs secure representation by enticing attorneys to take cases they might not have if limited to recovering fees and costs for individual claims alone. Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

Uber Is Doing Everything They Can to Get Out of This Lawsuit, But It's Not Working

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 10 of 15. HackerNoon’s Legal PDF Series here C. Uber also argues that PAGA contains a third standing requirement — the action must “be . . . brought by an aggrieved employee on behalf of himself or herself and other current or former employees” (§ 2699, subd. (a)) — and that Adolph cannot satisfy this requirement with respect to non-individual claims upon being compelled to arbitrate individual claims. But even if we were to agree with Uber’s reading of the statute, Adolph would have standing. Adolph filed a PAGA complaint seeking recovery “on behalf of himself . . . and other current or former employees.” (§ 2699, subd. (a).) “Even though Viking [River] requires the trial court to bifurcate and order individual PAGA claims to arbitration when an appropriate arbitration agreement exists, the individual PAGA claims in arbitration remain part of the same lawsuit as the representative claims remaining in court. Thus, plaintiffs are pursuing a single PAGA action ‘on behalf of [themselves] and other current or former employees,’ albeit across two fora.” (Piplack, supra, 88 Cal.App.5th at p. 1292.) Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

Uber Argues That PAGA Has a Third Standing Requirement and That the Defendant Doesn't Meet It

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 8 of 15. HackerNoon’s Legal PDF Series here A. First, Uber contends that unless Adolph’s non-individual claims are dismissed, his PAGA action will run afoul of Viking River because he will be permitted to relitigate whether he is an aggrieved employee in court to establish standing even if he has agreed to resolve that issue in arbitration as part of his individual PAGA claim. In response, Adolph explains that his PAGA action could proceed in the following manner if he were ordered to arbitrate his individual PAGA claim: First, the trial court may exercise its discretion to stay the non-individual claims pending the outcome of the arbitration pursuant to section 1281.4 of the Code of Civil Procedure. Following the arbitrator’s decision, any party may petition the court to confirm or vacate the arbitration award under section 1285 of the Code of Civil Procedure. If the arbitrator determines that Adolph is an aggrieved employee in the process of adjudicating his individual PAGA claim, that determination, if confirmed and reduced to a final judgment (Code Civ. Proc., § 1287.4), would be binding on the court, and Adolph would continue to have standing to litigate his nonindividual claims. If the arbitrator determines that Adolph is not an aggrieved employee and the court confirms that determination and reduces it to a final judgment, the court would give effect to that finding, and Adolph could no longer prosecute his non-individual claims due to lack of standing. (See Rocha v. U-Haul Co. of California (2023) 88 Cal.App.5th 65, 76– 82.) Uber makes no convincing argument why this manner of proceeding would be impractical or would require relitigating Adolph’s status as an aggrieved employee in the context of his non-individual claims, and we see no basis for Uber’s concern. In any event, Viking River makes clear that in cases where the FAA applies, no such relitigation may occur. (Viking River, supra, 596 U.S. at pp. [142 S.Ct. at pp. 1923–1925].) – Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

A Deeper Look At What Uber Is Claiming: Is It Convincing Enough?

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 7 of 15. HackerNoon’s Legal PDF Series here IV. Uber makes several arguments in urging that a PAGA plaintiff loses standing to litigate non-individual claims in court when the plaintiff’s individual claims are subject to arbitration. None is persuasive. Continue Reading Here. About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

Uber Lawsuit: The Several Arguments They're Making to Get Out of It

ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of . You can jump to any part in this filing . This is part 6 of 15. HackerNoon’s Legal PDF Series here B. Five recent Court of Appeal opinions have reached the same conclusion. (Galarsa v. Dolgen California, LLC (2023) 88 Cal.App.5th 639, 653 (Galarsa) [“[A] plaintiff’s PAGA standing does not evaporate when an employer chooses to enforce an arbitration agreement.”]; Seifu, supra, 89 Cal.App.5th at p. 1134 [“[A] plaintiff is not stripped of standing to pursue nonindividual PAGA claims simply because his or her individual PAGA claim is compelled to arbitration.”]; Piplack, supra, 88 Cal.App.5th at p. 1291 [“[P]aring away the plaintiff’s individual claims does not deprive the plaintiff of standing to pursue representative claims under PAGA . . . .”]; Gregg, supra, 89 Cal.App.5th at p. 792 [“[U]nder California law, Gregg is not stripped of standing to pursue his nonindividual claims in court simply because his individual claim must be arbitrated.”]; Nickson, supra, 90 Cal.App.5th at pp. 134–135 [“Nickson has standing to litigate nonindividual PAGA claims in the superior court notwithstanding his agreement to arbitrate individual PAGA claims.”].) This unanimity is unsurprising because our reading of PAGA’s standing requirements not only follows from the statute’s text but also aligns with its purpose and legislative history. “The Legislature’s sole purpose in enacting PAGA was ‘to augment the limited enforcement capability of the [LWDA] by empowering employees to enforce the Labor Code as representatives of the Agency.’ ” (Kim, supra, 9 Cal.5th at p. 86, quoting Iskanian, supra, 59 Cal.4th at p. 383.) To this end, “the Legislature conferred fairly broad standing on all plaintiffs who were employed by the violator and subjected to at least one alleged violation.” (Kim, at p. 91.) A narrower construction of PAGA standing would “thwart the Legislature’s clear intent to deputize employees to pursue sanctions on the state’s behalf.” (Kim, at p. 91; see Williams v. Superior Court (2017) 3 Cal.5th 531, 548 [“Hurdles that impede the effective prosecution of representative PAGA actions undermine the Legislature’s objectives.”]; Galarsa, supra, 88 Cal.App.5th at p. 653 [“Revoking an employee’s standing as to [non-individual] claims would ‘severely curtail[] PAGA’s availability to police Labor Code violations.’ [(Kim, at p. 91.)]”]; see also Kim, at p. 83 [“Considering the remedial nature of legislation meant to protect employees, we construe PAGA’s provisions broadly, in favor of this protection.”].) The centerpiece of PAGA’s enforcement scheme is the ability of a plaintiff employee to prosecute numerous Labor Code violations committed by an employer and to seek civil penalties corresponding to those violations. (Iskanian, supra, 59 Cal.4th at p. 384; Assembly Judiciary Committee Analysis, supra, at p. 4.) The Legislature enacted PAGA on the premise that Labor Code violations sustained by the plaintiff employee are often only a fraction of the violations committed by an employer that is engaged in unlawful workplace practices. (Iskanian, at p. 384.) As we explained in Kim, “PAGA standing is not inextricably linked to the plaintiff’s own injury. Employees who were subjected to at least one unlawful practice have standing to serve as PAGA representatives even if they did not personally experience each and every alleged violation. (§ 2699(c).) This expansive approach to standing serves the state’s interest in vigorous enforcement.” (Kim, supra, 9 Cal.5th at p. 85.) An interpretation of the statute that impedes an employee’s ability to prosecute his or her employer’s violations committed against other employees would undermine PAGA’s purpose of augmenting enforcement of the Labor Code. (Kim, at p. 86.) In enacting PAGA, the Legislature also expressed an intent to remedy the LWDA’s long-standing funding deficiencies. (See, e.g., Assembly Judiciary Committee Analysis, supra, at p. 4 [“ ‘SB 796 helps generate revenues to the state at a time when we need them.’ ”].) Seventy-five percent of civil penalties recovered in PAGA actions are statutorily allocated to the state to help fund the LWDA in carrying out its regulatory responsibilities related to covered employers, without passing those costs on to taxpayers or diverting funds from other priorities. (§ 2699, subd. (i).) Narrowing PAGA standing in the manner Uber urges would likely reduce state revenues and increase state costs of enforcement. In sum, where a plaintiff has filed a PAGA action comprised of individual and non-individual claims, an order compelling arbitration of individual claims does not strip the plaintiff of standing to litigate non-individual claims in court. This “is the interpretation of PAGA that best effectuates the statute’s purpose, which is ‘to ensure effective code enforcement.’ ” (Galarsa, supra, 88 Cal.App.5th at p. 654, quoting Kim, supra, 9 Cal.5th at p. 87.) Continue Reading . Here About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings. This court case S274671 retrieved on September 22, 2023, from is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. courts.ca.gov

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