Garcia

*561 Plaintiff Jesus Cuitlahuac Garcia filed a wage and hour lawsuit against Border Transportation Group, LLC (BTG), its owner Erik Ortega, and BTG employee Martha Ortega. Some of Garcia's claims are based on Industrial Welfare Commission (IWC) wage orders; 1 others are not. The trial court granted defendants' motion for summary judgment on all eight causes of action on the basis that Garcia was an independent contractor, not an employee. After Garcia's appeal was fully briefed, the Supreme Court issued a ruling in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 , 232 Cal.Rptr.3d 1 , 416 P.3d 1 ( Dynamex ), clarifying the employee-independent contractor question as to wage order claims.

As we explain, Dynamex compels the conclusion that defendants did not meet their burden on summary judgment to show no triable issue of material fact as to Garcia's wage order claims. Under part C of the "ABC" test adopted in Dynamex , defendants had to demonstrate that Garcia " is customarily engaged in an independently established trade, occupation, or business" apart from his work for BTG, not that he was merely capable of such *363 engagement. ( Dynamex, supra, 4 Cal.5th…