Justia Transportation Law Opinion Summaries

Articles Posted in California Courts of Appeal

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Uber is a “transportation networking company” (TNC) regulated by the California Public Utility Commission (CPUC). All TNCs must submit annual reports to the CPUC, containing specified data, and file an annual accessibility plan. After receiving numerous complaints from the San Francisco Municipal Transportation Agency regarding illegal parking, traffic congestion, and safety hazards caused by TNC vehicles, the city attorney opened an investigation into possible violations of state and municipal law by TNCs, including Uber. The city attorney issued the administrative subpoenas to Uber, including a request for: Annual Reports filed by Uber with CPUC, 2013-2017 and all of the raw data supporting those reports on providing accessible vehicles, driver violations/suspensions, number of drivers completing training courses, updates on accessibility plans, report on hours/miles logged by drivers, and providing service by zip code. Uber refused to comply, arguing that the CPUC had primary jurisdiction. The court of appeal affirmed a trial court order that Uber produce the reports. It was within the city attorney’s investigative powers to issue the administrative subpoenas. Public Utilities Code section 1759 did not deprive the trial court of jurisdiction and the primary jurisdiction doctrine did not apply to postpone enforcement of the administrative subpoenas. View "City and County of San Francisco v. Uber Technologies, Inc." on Justia Law

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Defendant Roy Miller Freight Lines, LLC (RMFL) appealed a trial court order granting in part and denying in part its motion to compel its former employee, plaintiff William Muller (Muller), to arbitrate his wage and hour claims under the arbitration provision in his employment agreement. The trial court granted RMFL’s motion on all but one cause of action: Muller’s claim for unpaid wages, and stayed the prosecution of that remaining claim pending the completion of the arbitration. The issue this case presented for the Court of Appeal's review centered on whether the Federal Arbitration Act (FAA) applied, and more specifically, whether Muller was a transportation worker engaged in interstate commerce under 9 U.S.C. 1 (section 1) and thus exempt from FAA coverage. If he was exempt from FAA coverage, as the trial court held, Muller did not have to arbitrate his cause of action for unpaid wages because Labor Code section 229 (section 229) authorized lawsuits for unpaid wages notwithstanding an agreement to arbitrate. If the FAA applied, as RMFL contended, the FAA preempted section 229, and Muller had to submit his cause of action for unpaid wages to arbitration, along with his five other causes of action. The Court found the trial court correctly concluded Muller was exempt from FAA coverage under section 1. Even though Muller did not physically transport goods across state lines, his employer was in the transportation industry, and the vast majority of the goods he transported originated outside California. Thus, section 229 required staying the prosecution of his cause of action for unpaid wages while the other five causes of action proceed to arbitration. View "Muller v. Roy Miller Freight Lines, LLC" on Justia Law

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An officer responding to a midnight single-vehicle collision saw an SUV on the edge of the road moving forward and backward; one tire was missing and the wheel’s rim and brake system were extensively damaged. Munro got out of the driver’s seat. The officer noticed he was “extremely unsteady,” that his breath smelled like alcohol, his eyes were red, and his speech was slurred. The officer asked Munro to lean against the patrol car. Munro refused, denied being the driver, and denied consuming alcohol. The officer attempted to conduct a field sobriety test, asking Munro to follow his pen with his eyes. Munro closed his eyes and stated that he would not take a chemical test. The officer arrested Munro on suspicion of driving under the influence of alcohol. Before the Department of Motor Vehicles may suspend a driver’s license for refusal to submit to a chemical test to determine the alcohol content of his blood, the driver “shall be told [by the arresting officer] that ... failure to submit ... will result in ... the suspension of the person’s privilege to operate a motor vehicle" for one year. (Veh. Code 23612(a)(1)(D). The officer intended to read Munro the Admonition but Munro began kicking and trying to slip out of his handcuffs. Three officers placed Munro into a restraint The officer never read the Admonition. The court of appeal reversed Munro's suspension. An officer is not relieved of the duty to at least attempt to provide the Admonition when the suspected drunk driver engages in disruptive behavior. View "Munro v. Department of Motor Vehicles" on Justia Law

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Plaintiffs filed a putative class action lawsuit against Uber for providing unlicensed transportation services that appropriated passengers and income from licensed taxicab drivers. Plaintiffs alleged Uber failed to comply with the California Public Utilities Commission (CPUC) licensing requirements for charter-party carriers. Uber argued the court lacked jurisdiction under Public Utilities Code section 1759 due to ongoing rulemaking by the CPUC. The court of appeal affirmed the dismissal of the amended complaint, stating that the CPUC has authority to adopt regulatory policies concerning transportation companies and has exercised that authority. A finding of liability against Uber in this action would hinder or interfere with the CPUC’s exercise of its regulatory authority by requiring the trial court to make factual findings regarding whether Uber falls within the charter-party carrier definition and, if so, which regulations would apply to its operations. View "Goncharov v. Uber Technologies, Inc." on Justia Law

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Plaintiff filed a wrongful death suit against the City after her grandson died during a police pursuit. Plaintiff claimed that an officer acted negligently and committed battery by performing a Pursuit Intervention Technique (PIT) that caused the vehicle in which her grandson was a passenger in, to spin into a street light pole. The Court of Appeal affirmed the trial court's grant of summary judgment in favor of the City, holding that the City was immune from liability for the officer's conduct under Vehicle Code section 17004.7. Section 17004.7 provided immunity to a public agency employing peace officers when the agency adopts and promulgates a policy on vehicular pursuits in compliance with the requirements of the statute. View "Ramirez v. City of Gardena" on Justia Law