Legal Opinion

Linton v. Desoto Cab Co.

California Court of Appeal, 5th District

Decided October 5, 2017No. A146162PublishedCited by 19 opinions

1Opinion of the CourtDondero, J.

*1210Plaintiff Darnice Linton appeals from a judgment in favor of defendant DeSoto Cab Company. Defendant initiated the trial court *1211proceeding after the Labor Commissioner found in favor of plaintiff on his claim for unpaid wages. Plaintiff had alleged defendant violated certain wage and hour laws by requiring him to pay a set fee (known as a "gate fee") in exchange for obtaining a taxicab to drive for each of his shifts. After a bench trial, the court concluded plaintiff was not entitled to recover the gate fees because he was an independent contractor and not an employee of defendant. In so…

Also in this document: Concurrence.

2Cases cited35 opinions

  1. Denham v. Superior CourtCalifornia Supreme Court · 1970
  2. Brinker Restaurant Corp. v. Superior CourtCalifornia Supreme Court · 2012
  3. Seaman's Direct Buying Service, Inc. v. Standard Oil Co.California Supreme Court · 1984
  4. Martinez v. CombsCalifornia Supreme Court · 2010
  5. S. G. Borello & Sons, Inc. v. Department of Industrial RelationsCalifornia Supreme Court · 1989

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3Cited by19 opinions

  1. Dynamex Operations W., Inc. v. Superior Court of L. A. Cnty.California Supreme Court · 2018
  2. Gerardo Vazquez v. Jan-Pro Franchising Int'l Inc.Court of Appeals for the Ninth Circuit · 2019
  3. Duffey v. Tender Heart Home Care Agency, LLC, California Court of Appeal, 5th District2019
  4. Lawson v. Grubhub, Inc.District Court, N.D. California · 2018
  5. Valadez v. CSX Intermodal Terminals, Inc.District Court, N.D. California · 2018

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