Parties and Attorneys
Schofield v. Skip Transport, Inc.
Division 5
Division 5
Case Number A159241
| Party | Attorney |
|---|---|
| Thomas Schofield : Plaintiff and Respondent | Carolyn Cottrell Schneider Wallace Cottrell Konecky Wotkyns LLP 2000 Powell Street, Suite. 1400 Emeryville, CA 94608 David C. Leimbach Schneider Wallace Cottrell Konecky Wotky 2000 Powell Street Ste 1400 Emeryville, CA 94608 Anthony L, Label The Veen Firm, P.C. 20 Haight Street San Francisco, CA 94120 Steven Aaron Kronenberg The Veen Firm, PC 20 Haight Street San Francisco, CA 94102 Annie C Wu The Veen Firm, P.C. 20 Haight Street San Francisco, CA 94102 Ian Worthington Forgie Schneider Wallace Cottrell Konecky Wotkyns LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 |
| Skip Transport, Inc. : Defendant and Appellant | Sophia Behnia Littler Mendelson, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Anthony G. Ly Littler Mendelson 2049 Century Park E 5th FL Los Angeles, CA 90067 Andrew M. Spurchise Littler Mendelson PC 333 Bush Street, 34th Floor San Francisco, CA 94104 |
Case Summary
Trial Court Case:
RG19032025
Court of Appeal Case:
A159241
Supreme Court Case:
S267967
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
5
Case Caption:
Schofield v. Skip Transport, Inc.
Case Type:
CV
Filing Date:
12/27/2019
Completion Date:
05/12/2021
Oral Argument Date/Time:
02/16/2021 09:00 AM
Docket (Register of Actions)
Schofield v. Skip Transport, Inc.
Division 5
Division 5
Case Number A159241
| Date | Description | Notes |
|---|---|---|
| 01/02/2020 | Notice of appeal lodged/received. | Filed 12/27/19 by Counsel for Defendant Skip Transport, Inc. appealing order from 12/18/19. |
| 01/02/2020 | Notified parties of local rules and procedures. | |
| 01/02/2020 | Filing fee. | Check # 446512, County Legal Service, Inc. |
| 01/09/2020 | Civil case information statement filed. | Defendant and Appellant: Skip Transport, Inc. Attorney: Anthony G. Ly |
| 01/21/2020 | Appellant's notice designating record on appeal filed in trial court on: | 01/03/2020. Designating 8.124 with RT. |
| 01/21/2020 | Record on appeal filed. | R-1(1 CD attached) |
| 02/18/2020 | Stipulation of extension of time filed to: | Appellant's opening brief. Due on 05/01/2020 By 60 Day(s) |
| 04/27/2020 | Note: | Opening brief automatically extended by 30 days pursuant to the court's April 15, 2020 emergency order. |
| 04/30/2020 | Filed document entitled: | Joint application for stay of appeal pending mediation; from LIttler Mendelson, attorneys for appellant Skip Transport, and Schneider Wallace, attorneys for respondent Schofield |
| 04/30/2020 | Filed proof of service. | Proof of service of application for stay |
| 05/01/2020 | Order filed. | The "joint application for stay of appeal", filed on April 30, 2020, is denied. The appellant's opening brief remains due on June 1, 2020. |
| 06/01/2020 | Appellant's opening brief. | Defendant and Appellant: Skip Transport, Inc. Attorney: Sophia Behnia |
| 06/01/2020 | Appellant's appendix filed. | vol. 1 of 1, part 1 of 3, pgs. 1-91 |
| 06/01/2020 | Appellant's appendix filed. | vol. 1 of 1, part 2 of 3, pgs. 92-175 |
| 06/01/2020 | Appellant's appendix filed. | vol. 1 of 1, part 3 of 3, pgs. 176-273 |
| 06/22/2020 | Stipulation of extension of time filed to: | Respondent's brief. Due on 08/17/2020 By 47 Day(s) |
| 08/21/2020 | Respondent notified re failure to file respondent's brief. | Plaintiff and Respondent: Thomas Schofield Attorney: Carolyn Cottrell Attorney: David C. Leimbach |
| 09/04/2020 | Respondent's brief. | Plaintiff and Respondent: Thomas Schofield Attorney: Carolyn Cottrell missing service on superior court |
| 09/08/2020 | Note: | respondent's brief missing service on superior court; counsel notified via TrueFiling |
| 09/08/2020 | Filed proof of service. | of respondent's brief on superior court |
| 09/16/2020 | Stipulation of extension of time filed to: | Appellant's reply brief. Due on 10/13/2020 By 15 Day(s) |
| 10/13/2020 | Returned document for non-conformance. | Proposed reply brief, from Littler Mendelson; pagination did not comply with CRC 8.74(a)(2). Counsel notified via e-mail and TrueFiling notice |
| 10/13/2020 | Appellant's reply brief. | Defendant and Appellant: Skip Transport, Inc. Attorney: Sophia Behnia |
| 10/13/2020 | Case fully briefed. | |
| 11/02/2020 | Oral argument waiver notice sent. | |
| 11/09/2020 | Request for oral argument filed by: | attorney Anthony Ly for appellant |
| 11/10/2020 | Request for oral argument filed by: | attorney David Leimbach for respondent |
| 01/04/2021 | Calendar notice sent electronically. Calendar date: | February 11, 2021 at 9:00 a.m. |
| 01/21/2021 | Oral argument rescheduled | February 16, 2021 at 9:00 a.m. |
| 01/29/2021 | Order filed. | BY THE COURT: Skip Transport, Inc. (Skip Transport) appeals the trial court's order denying its petition to compel arbitration of representative claims under the Private Attorney General Act of 2004 (PAGA; Lab. Code, ยง 2699 et seq.). Our tentative conclusions are as follows: (1) Skip Transport contends that the issue of whether the plaintiff is an employee or independent contractor is a private dispute subject to arbitration, because only employees have standing to bring PAGA claims. Provost v. YourMechanic, Inc. (2020) 55 Cal.App.5th 982 (Provost) recently rejected the same argument, reasoning that this approach "would require splitting that single [PAGA] action into two components: an arbitrable 'individual' claim (i.e., whether he was an independent contractor or employee . . . ); and a nonarbitrable representative claim," and that such splitting is precluded by "a series of cases holding a PAGA-only representative action is not an individual action at all, but instead is one that is indivisible and belongs solely to the state . . . ." (Id. at pp. 988, 994 [citing Williams v. Superior Court (2015) 237 Cal.App.4th 642; Jarboe v. Hanlees Auto Group (2020) 53 Cal.App.5th 539; Brooks v. AmeriHome Mortgage Company, LLC (2020) 47 Cal.App.5th 624; Hernandez v. Ross Stores, Inc. (2016) 7 Cal.App.5th 171; Perez v. U-Haul Co. of California (2016) 3 Cal.App.5th 408.) Provost is well-reasoned and persuasive. (2) Skip Transport further contends that United States Supreme Court cases have abrogated the holding in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 that PAGA waivers are unenforceable. Numerous California Court of Appeal decisions have rejected this argument. (Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602, 619-620; Collie v. Icee Company (2020) 52 Cal.App.5th 477, 480; Zakaryan v. The Men's Wearhouse, Inc. (2019) 33 Cal.App.5th 659, 671; Provost, supra, 55 Cal.App.5th at p. 997; Olson v. Lyft, Inc. (2020) 56 Cal.App.5th 862, 864.) These cases are well-reasoned and persuasive. Oral argument is currently set for February 16, 2021 at 9:00 a.m. If the parties notify the court by noon on February 8 that they waive oral argument, our decision will adopt the reasoning above. If oral argument is not waived by all parties, the argument will proceed as calendared, the tentative conclusions expressed above will be subject to change, and each party should limit its arguments to 10 minutes. (Cal. Rules of Court, rule 8.256(c).) |
| 02/10/2021 | Note: | The time to file a response to the court's Jan. 29, 2021 order has expired. 2/8/2021 |
| 02/16/2021 | Cause argued and submitted. | |
| 02/23/2021 | Opinion filed. | (Signed Unpublished) The order is affirmed. Respondent is awarded his costs on appeal. |
| 04/01/2021 | Service copy of petition for review received. | S267940 |
| 05/12/2021 | Petition for review denied in Supreme Court. | |
| 05/12/2021 | Remittitur issued. | |
| 05/12/2021 | Case complete. |
Briefs
Schofield v. Skip Transport, Inc.
Division 5
Division 5
Case Number A159241
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Civil case information statement filed. | 01/09/2020 | Defendant and Appellant: Skip Transport, Inc. Attorney: Anthony G. Ly | | |
| Appellant's opening brief. | 06/01/2020 | Defendant and Appellant: Skip Transport, Inc. Attorney: Sophia Behnia | | |
| Respondent notified re failure to file respondent's brief. | 08/21/2020 | Plaintiff and Respondent: Thomas Schofield Attorney: Carolyn Cottrell Attorney: David C. Leimbach | | |
| Respondent's brief. | 09/04/2020 | Plaintiff and Respondent: Thomas Schofield Attorney: Carolyn Cottrell | missing service on superior court | |
| Appellant's reply brief. | 10/13/2020 | Defendant and Appellant: Skip Transport, Inc. Attorney: Sophia Behnia | |
Future Scheduled Actions
Schofield v. Skip Transport, Inc.
Division 5
Division 5
Case Number A159241
No information found.
Disposition
Schofield v. Skip Transport, Inc.
Division 5
Division 5
Case Number A159241
Description:
Affirmed in full
Date:
02/23/2021
Disposition Type:
Final
The order is affirmed. Respondent is awarded his costs on appeal.
The order is affirmed. Respondent is awarded his costs on appeal.
Publication Status:
Signed Unpublished
Author:
Simons, Mark B.
Participants:
Seligman, Brad (Concur)
Burns, Gordon B. (Concur)
Burns, Gordon B. (Concur)
Case Citation:
none
Trial Court
Schofield v. Skip Transport, Inc.
Division 5
Division 5
Case Number A159241
Trial Court Name:
Alameda County Superior Court - Main
County:
Alameda
Trial Court Case Number:
RG19032025
Trial Court Judge:
Spain, Julia
Trial Court Judgment Date:
12/18/2019