LAWSUIT AGAINST AB 5 ADVANCES: CTA Files Motion Seeking Preliminary Injunctive Relief

As you know, on November 12th, CTA filed its amended complaint challenging AB 5.

Last week, CTA filed a preliminary injunction with the Southern California District Court seeking relief from AB 5 and its impact on independent owner-operator trucking. If granted, the preliminary injunction will preserve the status quo, allowing the industry to continue operating "as is" until the court rules; however, to secure the injunction there are several hurdles to jump.

CTA must establish: (1) that it is likely to succeed on the merits of its claims; (2) that its members are likely to suffer irreparable harm without preliminary relief; (3) the balance of equities tip in CTA's favor; and (4) the injunction is in the public interest. CTA believes it has put forward a very compelling case for an injunction, which will tentatively be heard in court on Monday, December 30, 2019.

In response to the association’s motion, Shawn Yadon, CTA CEO said:

“Our motion to file a preliminary injunction with the Southern District Court was executed to prevent any irreparable damage from befalling the 70,000 independent owner-operators that will occur when AB 5 goes into effect on Jan. 1, 2020. We have a court case currently underway which presents the federal protections California truckers have that preempt AB 5, and until our case is heard, these truckers need to be able to continue supporting the vitality of our state’s commerce.”

As the lawsuit progresses, CTA will continue to update its membership.