Legal Opinion

First Aid Services of San Diego, Inc. v. California Employment Development Department

California Court of Appeal

Decided October 19, 2005No. D046136PublishedCited by 10 opinions

1Opinion of the Court

Opinion

NARES, Acting P. J.

Plaintiff First Aid Services of San Diego, Inc. (First Aid) appeals a judgment of dismissal entered in favor of defendants California Employment Development Department (EDD) and California Unemployment Insurance Appeals Board (Board) (together the State) after the court issued an order sustaining without leave to amend the State’s demurrer to First Aid’s amended petition for a writ of administrative mandamus (amended petition), which challenged the Board’s decision that Tiffany Whittaker was an employee of First Aid, rather than an independent contractor, and thus…

2Cases cited13 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
  3. Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990
  4. Modern Barber Colleges, Inc. v. California Employment Stabilization CommissionCalifornia Supreme Court · 1948
  5. Pacific Gas & Electric Co. v. State Board of EqualizationCalifornia Supreme Court · 1980

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3Cited by10 opinions

  1. CALIFORNIA LOGISTICS, INC. v. StateCalifornia Court of Appeal · 2008
  2. Water Replenishment District v. City of CerritosCalifornia Court of Appeal · 2013
  3. American Employers Group, Inc. v. Employment Development DepartmentCalifornia Court of Appeal · 2007
  4. West Hollywood Community Health & Fitness Center v. California Unemployment Insurance Appeals BoardCalifornia Court of Appeal · 2014
  5. Charter Township of Clinton Police & Fire Retirement System v. MartinCalifornia Court of Appeal · 2013

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