Uber’s Motion to Dismiss SF Taxi Drivers Suit Defeated

Posted by The Brandi Law Firm Blog – excerpt

On November 20, 2013, Judge Ernest Goldsmith of the San Francisco Superior Court rejected Uber Technologies attempts to throw out a suit brought by San Francisco taxi drivers seeking compensation for unfair completion from Uber.  The taxi drivers all drive vehicles that comply with the legal requirements of the CA PUC and SFMTA including one million in insurance per vehicle, police background checks for drivers, and vehicle inspection safety checks.  The drivers contend that Uber competes unfairly in that it has not complied with the regulations for carrying passengers for hire.

In his Order, Judge Goldsmith wrote:
“The Court declines to invoke the doctrine of judicial abstention as to the first cause of action for unfair business practices, fourth cause of action for accounting, and fifth cause of action for declaratory relief.  The instant case is distinguished from Alvarado v. Selma Convalescent Hospital (2007) 153 Cai.App.4th 1292, where the court found judicial abstention appropriate where it was called upon to oversee nursing hour requirements and regulate complex health care matters on a class wide basis involving several classes of health care providers.  The gravamen of this instant case is statutory interpretation with no regulatory or administrative implications… (more)

Subway utlity work begins in North Beach despite lawsuit

abclocal.go.com – excerpt

SAN FRANCISCO — Over the protests of neighbors — one of whom has sued the city — crews Monday are starting to relocate utility lines in North Beach as part of the San Francisco Municipal Transportation Agency’s Central Subway project…

The planned work has prompted one man to file a lawsuit, and other neighbors and merchants who are angry about how the construction will affect them are threatening to file a second one.

Marc Bruno, a North Beach resident with the group Save North Beach, filed a lawsuit on July 31 asking a San Francisco Superior Court judge for an immediate temporary restraining order to block the project.

That request was denied last Thursday, but an injunction hearing is scheduled in the case on Aug. 29, Bruno said…

(more)

Related stories:
Despite Lawsuit, Central Subway Work Kicks Off In North Beach

We just learned that Marc Bruno is running for District 3 Supervisor, against President of the San Francisco Board of Supervisors, David Chiu.