Garcia v. Border Transportation Group, LLCAnnotate this Case
Plaintiff Jesus Garcia filed a wage and hour lawsuit against Border Transportation Group, LLC (BTG), its owner Erik Ortega, and BTG employee Martha Ortega. Some of Garcia's claims were based on Industrial Welfare Commission (IWC) wage orders; others were not. The trial court granted defendants' motion for summary judgment on all eight causes of action on the basis that Garcia was an independent contractor, not an employee. After Garcia's appeal was fully briefed, the California Supreme Court issued a ruling in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), clarifying the employee-independent contractor question as to wage order claims. The Court of Appeal concluded Dynamex compelled the conclusion that defendants did not meet their burden on summary judgment to show no triable issue of material fact as to Garcia's wage order claims. As to those claims discussed in the nonpublished portion of the Court’s opinion, Garcia forfeited appellate review of the trial court's decision that he was not an employee under the standard articulated in S.G. Borello & Sons, Inc. v. Department of Industrial Relations, 48 Cal.3d 341 (1989). Accordingly, the Court reversed the judgment and remanded with instructions to enter a new order denying summary adjudication of the wage order causes of action and granting summary adjudication as to the non-wage-order causes of action.