Legal Opinion

Elijahjuan v. Superior Court

California Court of Appeal

Decided October 17, 2012No. B234794PublishedCited by 32 opinions

1Opinion of the Court

Opinion

FLIER, J.

The difference between an employee and an independent contractor is significant if for no other reason than employees enjoy benefits not afforded independent contractors. Here, petitioners alleged that real parties in interest misclassified them as independent contractors when they were employees. That allegation underlies every cause of action in this lawsuit.

The sole substantive issue on appeal is whether the parties agreed to arbitrate their dispute. We conclude that the dispute falls outside the arbitration provision, which applies only to disputes regarding the…

2Cases cited21 opinions

  1. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  2. Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
  3. Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
  4. Wright v. Universal Maritime Service Corp.Supreme Court of the United States · 1999
  5. Olson v. CoryCalifornia Supreme Court · 1983

16 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Aanderud v. Superior Court of Kern Cnty., California Court of Appeal, 5th District2017
  2. Isabelle Franklin v. Cmty. Regl Med. Ctr.Court of Appeals for the Ninth Circuit · 2021
  3. Ramos v. Superior Court of San Francisco Cnty., California Court of Appeal, 5th District2018
  4. Cotter v. Lyft, Inc.District Court, N.D. California · 2014
  5. Performance Team Freight Systems, Inc. v. AlemanCalifornia Court of Appeal · 2015

27 more not listed; retrieve them via the Exa API.

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