ZAHIR NASERI VS. UBER TECHNOLOGIES, INC.

Set for Law and Motion/Discovery on Friday, June 20, 2025 Line 7, PLAINTIFF ZAHIR NASERI's MOTION FOR SUMMARY ADJUDICATION.

Plaintiff Zahir Naseri's motion for summary adjudication is denied. The motion is both procedurally and substantively deficient. The motion does not identify any cause of action, affirmative defense, claim for damages, or issue of duty that is sought to be adjudicated. (CCP 437c(f)(1)).

The court's own review of the complaint and defendant Uber Technologies, Inc.'s first amended answer discloses only one possible cause of action and no affirmative defense, claim for damages or issue of duty that in any way refers to the sole issue of whether Mr. Naseri is an employe or independent contractor raised in the motion. That cause of action is the fifth cause of action which alleges that Uber "violated Labor Code (Misclassification) AB5." However, even assuming that misclassification is a cognizable claim, at a minimum that claim includes the additional elements of causation and harm, neither of which Mr. Naseri addresses in his motion and thus the motion is procedurally deficient per CCP 437c(f)(1).

The substantive deficiency is that the motion is based on the argument that the "ABC test" applies to Uber drivers, but that is contrary to California law Per Proposition 22, the applicable test is set forth in Bus. & Prof. Code 7451. (Castellanos v. State of California (2024) 16 Cal. 5th 588).

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