Legal Opinion

Garcia v. Border Transp. Grp., LLC

California Court of Appeal, 5th District

Decided October 22, 2018No. D072521PublishedCited by 18 opinions

1Opinion of the CourtDato, J.

*561Plaintiff Jesus Cuitlahuac Garcia filed a wage and hour lawsuit against Border Transportation Group, LLC (BTG), its owner Erik Ortega, and BTG employee Martha Ortega. Some of Garcia's claims are based on Industrial Welfare Commission (IWC) wage orders;1 others are not. The trial court granted defendants' motion for summary judgment on all eight causes of action on the basis that Garcia was an independent contractor, not an employee. After Garcia's appeal was fully briefed, the Supreme Court issued a ruling in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, 232…

2Cases cited20 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
  3. Merrill v. Navegar, Inc.California Supreme Court · 2001
  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 by18 opinions

  1. Gerardo Vazquez v. Jan-Pro Franchising Int'l Inc.Court of Appeals for the Ninth Circuit · 2019
  2. Fred Bowerman v. Field Asset Services, Inc.Court of Appeals for the Ninth Circuit · 2022
  3. Bijon Hill v. Walmart Inc.Court of Appeals for the Ninth Circuit · 2022
  4. Duffey v. Tender Heart Home Care Agency, LLC, California Court of Appeal, 5th District2019
  5. Anderson v. Kids Included Together CA4/1California Court of Appeal · 2020

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