Judge: Christopher K. Lui, Case: 20STCV19664, Date: 2023-09-01 Tentative Ruling

Case Number: 20STCV19664    Hearing Date: September 1, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  Counsel must contact the staff in Department 76 to inform the Court whether they wish to submit on the tentative, or to argue the matter.  As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling.

            On July 17, 2023, the California Supreme Court issued its decision in Adolph v. Uber Techs., Inc. (2023) 15 Cal.5^th 1104, holding that:

Where a plaintiff has brought a PAGA action comprising individual and non-individual claims, an order compelling arbitration of the individual claims does not strip the plaintiff of standing as an aggrieved employee to litigate claims on behalf of other employees under PAGA. 

(Adolph v. Uber Techs., Inc. (2023) 15 Cal.5^th 1104, 1114.)

            The Court sets a further hearing re: the motion to compel arbitration for October 13, 2023 at 8:30 a.m., with the parties to file supplemental moving papers, a supplemental opposition, and a supplemental reply to account for Adolph. Supplemental briefing is to be pursuant to code relative to the October 13, 2023 hearing date.

            Alternatively, the parties may stipulate to arbitration in conformance with Adolph and file a stipulation and order to that effect.