Kabateck LLP

Peloton is refusing to recall its product despite an "urgent warning" from the U.S. government telling owners of the company's Tread+ to stop using the machine after 39 accidents have been reported. http://ow.ly/BJcp50Euw6C

Monterey County Weekly recently spoke to Brian Kabateck regarding the firm’s lawsuit filed in Monterey County Superior Court on behalf of restaurant owners who were charged permit fees during the lockdown. It’s like buying a fishing permit and being told the pond is closed. It’s simply not fair to pay for something that you then can’t use. This shouldn’t even be a close call.

There have been at least 23 Autopilot related crashes under investigation by the National Highway Traffic Safety Administration, but this appears to be the first fatal crash where there was no driver in the driver’s seat. http://ow.ly/w1uC50Esv8v

The CPUC recently approved a resolution to move PG&E into the first stage of a six-step enhanced oversight process, citing its failure to prioritize wildfire prevention work in areas that posed the greatest risk of fire last year. http://ow.ly/kfML50EqPxS

The Mercury News wrote an editorial about our class-action lawsuit on behalf of restaurant owners and argues why these establishments deserve a break from fees during the COVID-19 crisis. KBK's Brian Kabateck said he estimates that just the local fees can total between $3,000 and $10,000 annually.

Brian Kabateck spoke to the San Francisco Chronicle on the class action lawsuit he recently filed on behalf of restaurant owners seeking refunds for permits, licenses and other annual fees paid to the County of San Francisco. It’s simply that restaurants that have followed the law and complied with county, local and state orders to close, should not have to pay the same government that closed them a permit fee for that period of time when they’re closed, whole or in part.

Kabateck LLP is pleased to announce that Shant A. Karnikian has been named partner of the firm. Shant’s practice focuses on insurance bad faith, catastrophic personal injury, consumer class actions, and the firm’s trial work. He has served as second-chair trial counsel to the firm’s lead trial attorney Brian Kabateck on six jury trials, all of which have resulted in favorable verdicts for their clients. This has earned Shant a reputation within the legal community as a skilled trial attorney. Congratulations!

The Trump administration made it easier for businesses to classify workers as independent contractors, a win for food-delivery and ride-sharing services. http://ow.ly/4K1r50D2Kp5

Governor Newsom signals support for extending the statewide eviction moratorium for COVID-impacted renters, an urgently needed measure for the many Californians. http://ow.ly/F6pI50D1OzH

A handful of app-based drivers in California and one of the nation’s largest labor unions are taking to the courts to dispute Prop. 22, posing the first legal challenge for the recently passed bill. http://ow.ly/Flz450D7PKj

The Board of Supervisors will consider the proposal, requiring national grocery and drug retailers in unincorporated areas of the county to pay frontline workers an additional $5 per hour. http://ow.ly/8eh050D0MpT

A recent victim of the Microsoft support scam shares how she lost more than $20,000 to a sophisticated team of criminals before she realized she was the victim of an elaborate scam. http://ow.ly/opAh50D6MqF

A Boeing 737-500 carrying more than 60 people crashed into the Java Sea on Saturday, minutes after taking off from the Indonesian capital, Jakarta. http://ow.ly/IviK50D5FM0

An appellate panel has turned the tables on a Los Angeles County Superior Court judge who declined to sign an order that would uphold a COVID-19 ban on outdoor dining. Attorney Brian Kabateck spoke to The Southern California Record on the issue. He didn't close the door on the County, he just asked that the county produce more evidence to show the dangers in outdoor dining.

American Airlines recently completed the first U.S. flight of a Boeing 737 MAX in almost two years, marking them as one of the first U.S. airlines to signal the MAX’s official return to service, http://ow.ly/MNmt50CX8UB

KBK’s Brian Kabateck spoke to the The Southern California Record on how #Prop22 will decide the fate of Uber and Lyft drivers. The loss of Prop 22 is going to be strong evidence that Uber and Lyft did violate the law, and that they can't employ people as independent contractors under the current state of the law.

While lead exposure can be dangerous for anyone, it’s especially concerning for infants fed powdered formula that’s mixed with tap water. http://ow.ly/U47M50BY1gu

A federal judge has allowed Exide Technologies to walk away from contaminated sites including a battery-recycling plant in Vernon that has poisoned surrounding neighborhoods for decades. http://ow.ly/mZ4O50BWPyw

Consumers should be aware of some of the common signs of scams related to COVID-19 and stimulus payments including unsolicited calls or emails and threats of loss if immediate action is not taken. http://ow.ly/3Utr50CWoXv

The aviation industry had one of its worst years in 2020, a radical comedown after a run of profits right up to the COVID-19 lockdowns. Find out what’s to come for airlines in the new year. http://ow.ly/lnOQ50CVHO3

President Trump has approved California's request for wildfire aid, just hours after it was denied by his administration. http://ow.ly/IaXB50BUXE9

United Food and Commercial Workers Union Local 5 is calling on major retail CEOs to pay their workers more to reflect the health and safety risks they endure during the pandemic. http://ow.ly/HjVa50CSw2J

Proposition 24 would create new rights for online users to limit the sharing of their data and would set new penalties for privacy violations by tech companies. http://ow.ly/BOI350BTIwO

Uber and Lyft are seeking to convince the court that a shift to employment, as required by the state law, would cause the ride-hailing app businesses irreparable harm. http://ow.ly/H5xt50BSGKa

The City of El Cajon and the organization Reopen San Diego will host a free holiday rally to advocate reopening San Diego businesses and schools. http://ow.ly/Ezld50CRtN6

A judge recently claimed that all restaurants in San Diego County can resume on-site dining with safety protocols, including two strip clubs. http://ow.ly/Tkal50CPCAp

According to the California Public Utilities Commission, the Bobcat Fire may have been caused by vegetation coming into contact with a Southern California Edison overhead conductor. http://ow.ly/pPxe50BRxgK

Consumer Reports recently tested 47 bottled waters and found levels of toxic PFAS chemicals in several popular brands that were above a limit recommended by some experts. http://ow.ly/6cKr50BQxFP

Cal Fire opened an investigation after receiving a report indicating that a private citizen protected their property from the Glass Fire with "backfiring," a strategy typically used by professional firefighters under highly controlled circumstances. http://ow.ly/wpld50BOItJ

Waymo, the Google self-driving-project-turned-Alphabet unit, is beginning to open up its driverless ride-hailing service to the public. http://ow.ly/4KVb50BNLQi

A Times investigation found that hundreds of people were sickened after exposure to toxic fumes on airplanes in recent years. http://ow.ly/a7Z350COAOV

Spectrum News 1 SoCal recently profiled the class action lawsuit attorneys Brian Kabateck, Shant Karnikian, and Marina Pacheco filed against L.A. County and the state on behalf of a restaurant owner looking for permits and license fees refund.

Housing is the megafire-sized climate issue that lawmakers in California keep failing to adequately address even though housing is important for the state's climate policy. http://ow.ly/MPNC50BMsm5

An insight on how the Sutter effect across California hospitals could lead to much higher prices across the board. http://ow.ly/82ml50CLi9t

In this live podcast, Brian Kabateck addresses vital questions raised by the virus, including how states should balance public health and economic concerns and whether states should change their enforcement priorities during the crisis.

According to Cal Fire, the August Complex Fire, a wildfire burning in Northern California, has now consumed more than 1 million acres while over 4 million acres have been scorched during this historic wildfire season. http://ow.ly/McQW50BLlZe

Uber and Lyft have spent more than $180 million on #Prop22, a November California ballot initiative to overturn a state law that would compel them to classify drivers as employees. http://ow.ly/4PKj50BK7eK\

Many hospices promise compassionate, comforting care to the terminally ill. But an investigation found instances in which patients have been harmed, neglected or put at serious risk. http://ow.ly/kxd250CIgFH

KBK's Brian Kabateck spoke to NBC Bay Area on the legal challenge against the county health department’s ban on outdoor dining. We're gonna file a lawsuit on behalf of all restaurants in California against the state and various counties who have kept their money in order to get the money back. http://ow.ly/xaYU50CHjwi

Still cleaning up from fires that swept through the Santa Cruz Mountains this year, residents are now preparing for the next disaster - mudslides. http://ow.ly/K6HF50CGbEb

KBK’s Brian Kabateck spoke to The Southern California Record on the recent order a judge declined to sign that would uphold a COVID-19 ban on outdoor dining. "This ban in Los Angeles has crossed the Rubicon. At some point in time, the government has to give a rational basis for its decisions and not just simply say this is dangerous.

As business interruption cases make their way through the courts, Brian Kabateck shares his insights on what insurers should be watching on the latest Insurance Speak podcast. Click below to tune in. http://ow.ly/w3VE50CDdVs

A wind-driven brush fire that erupted in Silverado Canyon has burned thousands of acres, injured two firefighters and forced thousands of Orange County residents to flee their homes. http://ow.ly/vKj850CDbat

KBK’s Brian Kabateck spoke to the Southern California Record about the refund restaurants are seeking for the fees they were charged during the pandemic because they were shut down or only partially allowed to operate. Even returning a few thousand dollars right now can make the difference between them succeeding, laying people off or not laying people off.

As business interruption cases move through the courts, KBK's Brian Kabateck shares what insurers should be watching on the Insurance Speak podcast from NU Property & Casualty.

After wildfires ravaged the communities of Santa Rosa and Paradise, residents who lost homes have seen none of the $1.3 billion in federal funding provided for relief. http://ow.ly/zFVZ50CzR40

The best way to avoid this scam is to be particular about where you make your purchase. Only buy from a retailer you know and those that have a good reputation. http://ow.ly/ynUD50CyCkd

Workers rights groups say employers must do more to protect staff as coronavirus cases surge. Frontline workers are terrified because their employers are not doing enough to protect them and stop the spread of this virus. http://ow.ly/exyt50Cv1fv

Purdue Pharma plead guilty to three federal criminal charges related to its role in creating the opioid crisis. The company's future earnings will go to paying fines and penalties used to combat the ongoing crisis. http://ow.ly/k1wV50Cv0Vo

General Motors will recall about 6 million big pickup trucks and SUVs in the U.S. to replace potentially dangerous Takata air bag inflators. http://ow.ly/4bW450CtOKl

LA County is shutting down all dining at restaurants, breweries, wineries and bars for at least three weeks starting Wednesday amid a surge in COVID-19 cases. Brian Kabateck spoke to The Business Journal on the government claims filed on behalf of restaurant owners looking to recover millions in fees for liquor and health permits.

Experts who analyzed data from the country’s 15,000 nursing home facilities estimate that for every two COVID-19 victims in long-term care, there is another who died prematurely of other causes. http://ow.ly/wJ7o50CqEZV

U.S. Senators recently heard testimony from experts on wildfire prevention and on more than a dozen pending bills, including the National Prescribed Fire Act of 2020. http://ow.ly/asJt50Cpzgu

The Federal Aviation Administration has cleared Boeing’s 737 Max to fly passengers again after a nearly two-year ban. http://ow.ly/mGZK50Cors3

KBK’s Brian Kabateck recently spoke to the San Francisco Chronicle on the claims filed by restaurant owners seeking refunds for permits, licenses and other fees. Is it fair for the government to keep the money they didn’t provide a service for? If you’re not providing a permit, aren’t you just collecting a tax? And it’d be an illegal tax at that point.

Ford has issued two separate recalls for more than 27,000 vehicles to replace a link shaft bracket that could fracture and lead to a loss of power while driving or cause the parking function to fail leading to the vehicle rolling while in park. http://ow.ly/h2Im50Cm7fo

As COVID-19 cases continue to climb, San Francisco restaurants brace for additional shutdowns. The Golden Gate Restaurant Association, said that limited indoor dining represented the only real hope for many restaurants to survive the next three months. http://ow.ly/kE9v50Ckay0

Last week, California voters approved Prop. 22 which exempts companies like Uber and Lyft from having to treat workers as employees. But the question of gig workers’ labor status remains largely unresolved nationally. http://ow.ly/Rmdr50Cj6sG

Cases of COVID-19 have skyrocketed by 250% in San Francisco, prompting officials to shut own indoor dining operations again. http://ow.ly/aqPY50Ci55h

PG&E emerged from a bankruptcy this year caused by its responsibility for a series of major fires. Now it’s under suspicion once more, but the answers aren’t clear yet. http://ow.ly/oPdY50Ch1co

Prop. 22 will exempt companies such as Uber and Lyft from having to classify their gig workers in the state as employees rather than as independent contractors. http://ow.ly/oKxM50CfSWw

The California Department of Insurance issued a list of ZIP codes that are near this year’s wildfires where insurers will not be able to cancel or refuse to renew a homeowners or renters policy due to wildfire risk. http://ow.ly/D25Y50CdZRe

The passing of Prop. 24 will prohibit legislators from weakening the California Consumer Privacy Act, create a state agency to enforce privacy protections, and gives people more control over how tech companies use their personal information. http://ow.ly/lN8A50CcQxS

California voters have chosen to rewrite the rules of the internet, with 56% of ballots supporting Proposition 24, which would reinforce and redefine parts of the California Consumer Privacy Act. http://ow.ly/HmlZ50CbLQb

#Prop22 would classify app-based transportation and delivery drivers as independent contractors, exempting companies from AB 5, which forces certain companies to reclassify workers. http://ow.ly/ZcMp50CaImY

The editorial board of the Southern California News Group newspapers recently wrote an OpEd about the government claims that our firm filed on behalf of financially battered restaurants looking to recover millions in fees for liquor and health permits. http://ow.ly/t5jA50C9FeP

An investigation found that Redfin was less likely to offer realtor services, professional photos, virtual tours, online promotion or commission rebates for homes listed in overwhelmingly minority neighborhoods. http://ow.ly/vRNu50C7xwP

Brian Kabateck spoke to Spectrum News 1 SoCal on the upcoming deadline to file a Woolsey Fire personal injury claim. "After the two-year anniversary, those claims are going to be gone forever.

KBK’s Brian Kabateck spoke to The Southern California Record on the recent news that a three-judge appellate panel upheld a lower court injunction, requiring Uber and Lyft to convert their drivers from independent contractor to employees.

Brian Kabateck spoke to the AP in regards to the government claims he recently filed on behalf of financially battered restaurants in order to recover over $100 million in fees for liquor and health permits.

The Silverado fire broke out in Orange County this morning amid conditions forecasters were calling the most dangerous fire weather of the year. http://ow.ly/4WeA50C3cUn

In a blow to Uber and Lyft, a California appeals court ruled that the companies must reclassify their drivers as employees rather than independent contractors, affirming an earlier court decision. http://ow.ly/1vIS50C1ejU

California workers are suing Uber for allegedly violating their employment rights by using the Uber app to send a barrage of messages, urging them to support #Prop22, which would negate a state law forcing gig companies to make its drivers employees. http://ow.ly/aiy450C05Zw

After 3 weeks of hard work, the Bobcat fire in the Angeles National Forest, which has claimed 114,901 acres, was 75% contained. http://ow.ly/OBZI50BI7lf

KBK’s Brian Kabateck spoke to the The Malibu Times on the approaching deadline for Woolsey Fire victims to file a claim against SoCal Edison. Victims who wait past November 8, 2020 may lose their right to seek compensation for some of the emotional distress damages they may have suffered. http://www.malibutimes.com//article_805ecd0a-036d-11eb-819

Assembly Bill 1864, the legislation that Gov. Gavin Newsom signed into law, changes the existing Department of Business Oversight into the Department of Financial Protection and Innovation in what proponents said is the first such move by any state. http://ow.ly/VYiP50BFYxP

A red flag warning has been issued for the mountains of Los Angeles and Ventura counties and the Santa Clarita Valley, which includes the potential for rapid fire growth and extreme fire behavior if ignition occurs. http://ow.ly/APCv50BEGor

Firefighters are battling destructive new wildfires that erupted over the weekend in the Napa-Sonoma wine region that spread into Santa Rosa, forcing evacuations of neighborhoods. http://ow.ly/8il450BDobj

Investigators looking into the origins of the massive Bobcat Fire are focusing on utility equipment owned by Southern California Edison that experienced an issue moments before the fire. http://ow.ly/dfXS50BBzE7