Month: December 2015

Rider Thrown Out Of Car After Kissing Date Sues Uber

Amiel L. Wade

December 4, 2015

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Los Angeles (December 3, 2015, 11:15 PM ET) — A gay passenger who alleged that an Uber driver kicked him and his date out of the car after they shared a kiss lobbed a civil rights suit against the ride-hailing company on Wednesday in California state court, blaming the company for the “negligent hiring” of the driver.

In the latest in a long line of legal actions taken against the company over alleged misbehavior of its drivers, San Francisco resident Roman Scanlon claims that after he and his date shared a “brief closed-mouth kiss” during an Uber ride in Los Angeles in March, the driver became angry and yelled obscenities and anti-gay slurs at the couple and ordered them out of the vehicle, saying he would drive them no further.

Scanlon, who was still charged about $8 for the aborted ride, said he was discriminated against based on his sexual orientation and therefore denied free and equal access to services provided by Uber Technologies Inc., a violation of California’s Unruh Civil Rights Act, according to the 10-page complaint.

By not exercising reasonable care in hiring or training the driver — who is not named as a defendant and is cited anonymously in the suit — Uber is liable for negligent hiring, supervision and retention, the suit says. Uber considers its drivers contractors, not employees.

In addition, Scanlon claims that Uber committed unfair business practices under state law by falsely representing that it supports gay rights on its website, in customer emails and in the media.

“Although Uber represents to the public that it is committed to safeguarding LGBT rights and to principles of equality, Uber refuses to implement the types of policies, procedures, and training protocols reasonably required to safeguard against the type of discrimination experienced by plaintiff,” according to the complaint.

A representative for Uber did not immediately respond to a request for comment late Thursday.

In other recent litigation against the company, two women who allege they were sexually assaulted by Uber drivers launched a suit in October in California federal court accusing the company of sacrificing strict background checks and other safety measures in favor of higher profits.

Collecting on Your Judgment Through the Use of a Lien

Amiel L. Wade

December 4, 2015

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After you have won your case in civil court, a judgment will be entered by the court. As part of a typical judgment, the losing party will be obligated to pay money to the winner.  However, the person who owes the money (the debtor) doesn’t always pay up. A judgment lien is one way to ensure that the person who won the judgment (the creditor) gets what he or she is owed. A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor’s property.

In California, a judgment lien can be attached to the debtor’s real estate — meaning a house, condo, land, or similar kind of property interest — or to the debtor’s personal property — things like jewelry, art, antiques, and other valuables.  A creditor can even attach a debtor’s bank account, stocks investment and other financial assets to obtain the money owed from those assets.

To attach a lien to real estate, the creditor simply needs take or mail the abstract of judgment to the county recorder’s office in any California county where the debtor owns real estate now, or may own it in the future. The attachment will prevent the debtor from selling the property legitimately.  Once the attachment is done, the creditor can then file the appropriate motion with the court to force the sale of the property. For personal property, the creditor files a Notice of Judgment Lien with the California Secretary of State.

One a judgment is obtained, the creditor can force the debtor to come into court and provide all information about the debtor’s assets.  This is called a debtor’s examination. A creditor can also serve a copy of the judgment on a debtor’s bank account and the bank will freeze any money in the account and provide it to the creditor.  A creditor can also garnish a debtor’s wages.

If you need help in collecting on your judgment, contact an experienced attorney to assist you.

Rider Thrown Out Of Car After Kissing Date Sues Uber

 Amiel L. Wade

December 4, 2015

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Los Angeles (December 3, 2015, 11:15 PM ET) — A gay passenger who alleged that an Uber driver kicked him and his date out of the car after they shared a kiss lobbed a civil rights suit against the ride-hailing company on Wednesday in California state court, blaming the company for the “negligent hiring” of the driver.

In the latest in a long line of legal actions taken against the company over alleged misbehavior of its drivers, San Francisco resident Roman Scanlon claims that after he and his date shared a “brief closed-mouth kiss” during an Uber ride in Los Angeles in March, the driver became angry and yelled obscenities and anti-gay slurs at the couple and ordered them out of the vehicle, saying he would drive them no further.

Scanlon, who was still charged about $8 for the aborted ride, said he was discriminated against based on his sexual orientation and therefore denied free and equal access to services provided by Uber Technologies Inc., a violation of California’s Unruh Civil Rights Act, according to the 10-page complaint.

By not exercising reasonable care in hiring or training the driver — who is not named as a defendant and is cited anonymously in the suit — Uber is liable for negligent hiring, supervision and retention, the suit says. Uber considers its drivers contractors, not employees.

In addition, Scanlon claims that Uber committed unfair business practices under state law by falsely representing that it supports gay rights on its website, in customer emails and in the media.

“Although Uber represents to the public that it is committed to safeguarding LGBT rights and to principles of equality, Uber refuses to implement the types of policies, procedures, and training protocols reasonably required to safeguard against the type of discrimination experienced by plaintiff,” according to the complaint.

A representative for Uber did not immediately respond to a request for comment late Thursday.

In other recent litigation against the company, two women who allege they were sexually assaulted by Uber drivers launched a suit in October in California federal court accusing the company of sacrificing strict background checks and other safety measures in favor of higher profits.