HECTOR CASTELLANOS et al., Plaintiffs and Respondents,
v.
STATE OF CALIFORNIA et al., Defendants and Appellants;
PROTECT APP-BASED DRIVERS AND SERVICES et al., Interveners and Appellants.
Court of Appeals of California, First District, Division Four.https://leagle.com/images/logo.png
DLA Piper, Stanley J. Panikowski and Justin R. Sarno for Former Attorney General of California Daniel E. Lungren as Amicus Curiae on behalf of Defendants and Appellants.
David A. Carrillo , California Constitution Center, University of California, Berkeley; Benbrook Law Group, Stephen M. Duvernay for California Constitution Center as Amicus Curiae on behalf of Defendants and Appellants.
Davis Wright Tremaine, Rochelle L. Wilcox and Alexa A. Graumlich for California Chamber of Commerce as Amicus Curiae on behalf of Defendants and Appellants and Interveners and Appellants.
Holtzman Vogel Baran Torchinsky Josefiak, Alex Vogel , Edward M. Wenger and Andrew Pardue for California Policy Center as Amicus Curiae on behalf of the Defendants and Appellants and Interveners and Appellants.
Willenken, Kenneth M. Trujillo-Jamison for California Asian Pacific Chamber of Commerce, California Hispanic Chambers of Commerce, Los Angeles Metropolitan Churches, National Action Network Los Angeles, National Action Network Sacramento Chapter Inc., National Asian American Coalition, and National Diversity Coalition ("Communities-of-Color Organizations") as Amici Curiae on behalf of Defendants and Appellants and Interveners and Appellants.
Baker Botts, Michael W. Ward for Arnold Schwarzenegger as Amicus Curiae on behalf of Defendants and Appellants and Interveners and Appellants.
Jenner & Block, Laurie J. Edelstein and Adam G. Unikowsky for Chamber of Commerce of the United States of America as Amicus Curiae on behalf of Defendants and Appellants and Interveners and Appellants.
King & Spalding, Albert Giang , Jeffery Hammer and Ramon A. Miyar for Marketplace Industry Association, Inc. as Amicus Curiae on behalf of Defendants and Appellants and Interveners and Appellants.
Buchalter, Steven G. Churchwell and Berit Elam for Daniel Schnur, T. Anthony Quinn and Robert M. Stern as Amici Curiae on behalf of Defendants and Appellants and Interveners and Appellants.
weintraub tobin chediak coleman grodin, Brendan J. Begley for Independent Drivers Alliance of California, Kelly Rickert, Ali Mazhin and Stephanie Whitfield as Amici Curiae on behalf of Defendants and Appellants and Interveners and Appellants.
Hina B. Shah , Women's Employment Rights Clinic, Golden Gate University School of Law Benjamin Beach, PowerSwitch Action; Nayantara Mehta and Brian Chen , National Employment Law Project, for Gig Workers Rising, Mobile Workers Alliance, Rideshare Drivers United-California, We Drive Progress, A Better Balance, ACCE Institute, Action Center on Race & the Economy, Asian Americans Advancing Justice — Los Angeles, Bet Tzedek, California Employment Lawyers Association, California Immigrant Policy Center, Centro Legal de la Raza, Chinese Progressive Association, Economic Policy Institute, Jobs With Justice Education Fund and Jobs With Justice San Francisco, Lawyers Committee for Civil Rights of the San Francisco Bay Area, Legal Aid at Work, Los Angeles Black Worker Center, Maintenance Cooperation Trust Fund, National Black Worker Center, National Council for Occupational Safety and Health, National Domestic Workers Alliance, National Employment Law Project, Pilipino Workers Center, PowerSwitch Action, Public Rights Project, Santa Clara County Wage Theft Coalition, Women's Employment Rights Clinic of Golden Gate University School of Law and Worksafe, as Amici Curiae on behalf of Plaintiffs and Respondents.
Bush Gottlieb, Julie Gutman Dickinson , Hector De Haro , and Luke Taylor for International Brotherhood of Teamsters Local 848 and The Los Angeles County Federation of Labor, AFL-CIO, as Amici Curiae on behalf of Plaintiffs and Respondents.
Catherine L. Fisk , University of California, Berkeley; Veena Dubal and Joseph Grodin , Emeritus Professor of Law, University of California, Hastings College of Law, for Labor Law Professors Sameer Ashar, Veena Dubal, Catherine Fisk, Charlotte Garden, Joseph Grodin, William B. Gould IV, Stephen Lee, Sanjukta Paul, Leticia Saucedo, Reuel Schiller, Katherine Stone and Noah D. Zatz as Amici Curiae on behalf of Plaintiffs and Respondents.
Court of Appeals of California, First District, Division Four.
[Modification of opinion (89 Cal.App.5th 131; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT.—The concurrence and dissent to this opinion filed on March 13, 2023, is modified as follows:
1. On page 18 of the concurrence and dissent, in second full paragraph (which begins: "The deficiency I see here is structural.") [89 Cal.App.5th 187, advance report, 1st full par., line 9], in the last sentence of text, change...
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