GBDH and co-counsel win arbitration appeal against Uber Technologies

April 11, 2022

On April 11, 2022, GBDH, along with co-counsel Desai Law Firm, defeated Uber’s attempt to compel arbitration in the matter of Adolf v. Uber Technologies, Inc.  In affirming the denial of Uber’s motion to compel arbitration, the California Court of Appeal, Fourth Appellate District, held that, under controlling California Supreme Court precedent, claims pursuant to the Private Attorney General Act of 2004 (PAGA) cannot be compelled to arbitration even where the employer contends that the plaintiff is an independent contractor rather than an employee.   The Court rejected the argument that the employment status of the plaintiff, for purposes of PAGA, must be determined in arbitration as a threshold issue before the plaintiff’s PAGA claims may proceed.

Read the Opinion here.