19STCV28997 HAIG SEREBRAKIAN vs SHEMSHAD FOOD PROD INC., et al.
Defendant Shemshad Food Products Inc.’s Demurrer to the First Amended Complaint
TENTATIVE RULING: Defendant Shemshad Food Products Inc.’s Demurrer to Plaintiff’s First Amended Complaint is OVERRULED. Defendant is ordered to give notice.
Demurrer to the First Cause of Action: Misclassification as an Independent Contractor
Defendant demurs to the First Cause of Action on the ground that Plaintiff has failed to provide any evidence to rebut Shemshad’s classification of him as an independent contractor. California Labor Code Section 226.8, subdivision (a)(1) states: “(a) It is unlawful for any person or employer to engage in any of the following activities: [¶] (1) Willful misclassification of an individual as an independent contractor.” “Willful misclassification” is defined to mean “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.” (Lab.
Hearing Date
January 06, 2020
Type
Other Employment Complaint Case (General Jurisdiction)
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19STCV28997 HAIG SEREBRAKIAN vs SHEMSHAD FOOD PROD INC., et al.
Defendant Shemshad Food Products Inc.’s Demurrer to the First Amended Complaint
TENTATIVE RULING: Defendant Shemshad Food Products Inc.’s Demurrer to Plaintiff’s First Amended Complaint is OVERRULED. Defendant is ordered to give notice.
Demurrer to the First Cause of Action: Misclassification as an Independent Contractor
Defendant demurs to the First Cause of Action on the ground that Plaintiff has failed to provide any evidence to rebut Shemshad’s classification of him as an independent contractor. California Labor Code Section 226.8, subdivision (a)(1) states: “(a) It is unlawful for any person or employer to engage in any of the following activities: [¶] (1) Willful misclassification of an individual as an independent contractor.” “Willful misclassification” is defined to mean “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.” (Lab.