Court Declines Invitation To Treat Iskanian As Overruled Sub Silentio. The Third District Court of Appeal joins other California appellate courts ruling that PAGA representative actions are not waveable, and affirms the trial court's order denying employer's motion to compel arbitration. Carllie Williams v. RGIS, LLC, No. C091253 (3rd Dist. 10/18/21). In reaching […]
Once Again, A California Court Of Appeal Affirms That Iskanian Is Still Good Law. In Winns et al. v. Postmates Inc., A155717 (1/3 7/20/21) (Petrou, Fujisaki, Jackson), Postmates argued its couriers had waived the right to bring representative PAGA claims, and that the California Supreme Court's Iskanian opinion holding such waivers to be invalid […]
Efforts By Employers To Have An Arbitrator Decide A Dispositive Part Of A PAGA Claim Continue To Founder. The wreck of the Atlantic. c1873. Currier and Ives. Library of Congress. The Court of Appeal holds that the delegation of the question whether plaintiffs are "aggrieved employees" to an arbitrator frustrates the purpose of the […]
The Qui Tam Action Is Brought On Behalf Of The State Which Is Not A Party To The Arbitration Agreement. State of California ex rel. Aetna Health of California, Inc. et al., v. Pain Management Specialist Medical Group et al., B299025 (2/6 12/21/20) (Gilbert, Perren, Tangeman) involves a qui tam action brought under the […]
Iskanian Is Still Good Law In California. Once more unto the breach, dear friends, once more! Henry V, Act III, Scene I. Employers continue to seek to enforce contractual waivers of the right to litigate in court, and employees continue to punch back, insisting on the right to litigate Private Attorneys General Act […]
The Ruling Is Consistent With Other California Cases Denying Efforts To Split PAGA Cause Of Action. YourMechanic sought to compel plaintiff to arbitrate whether he was an "aggrieved employee" before he could proceed under the Private Attorneys General Act of 2004 (PAGA). The trial court denied the motion, and YourMechanic appealed. Jonathan Provost v. […]
How The Issue Presented Was Framed Made All The Difference. View of a frame-maker's workshop circa 1900. Wikipedia article "Picture frame." As putative members of the so-called Guerra class action, Bautista and Garcia signed settlement agreements containing an arbitration clause and […]
The Briefing Focused On A "Blow-Up" Provision, But The Court Focused On An Unenforceable Waiver Of PAGA Claims And Lack Of Severability. "Six-year-old Gregorio Drozco III does what a lot of people do in a Seattle, Washington, alley when he blows a bubble, preparatory to wadding up his gum and sticking it to […]
Did The Plaintiff Ask For Relief In His Individual Or Representative Capacity? Brooks v. Amerihome Mortgage Company, B298132 (2/6 4/9/20) (Tangeman, Gilbert, Perren), is one more case upholding the rule that employers cannot compel the arbitration of a Private Attorneys General Act of 2004 (PAGA) claim. The employer acknowledged that PAGA claims […]
Fourth District, Division 1 Agrees With Conclusions Of Lawson and Zakaryan Courts. The employer in Mejia v. Merchants Building Maintenance, LLC, D074620 (4/1 8/13/19) (Aaron, Benke, Huffman), tried to do what other employers have attempted: compel arbitration of the "victim-specific" relief portion of a PAGA claim. Appellate courts are divided on this question, and […]