Judge: Christopher K. Lui, Case: 21STCV37433, Date: 2022-12-08 Tentative Ruling
Case Number: 21STCV37433 Hearing Date: December 8, 2022 Dept: 76
Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein. 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. If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling.
This is a PAGA action seeking to recover civil penalties for wage and hour violations.
Defendant City National Bank moves for an order compelling arbitration.
TENTATIVE RULING
In light of the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Defendants City National Bank brings a motion to compel Plaintiff to arbitrate the PAGA claim and dismiss the representative PAGA claims.
In the interest of judicial economy, the Court orders this action stayed pending the California Supreme Court’s decision in Adolph v. Uber Techs., Inc., No. G059860, 2022 WL 1073583[1] (Cal. Ct. App. Apr. 11, 2022), review granted (July 20, 2022). A status conference is set for June 2, 2023 at 8:30 a.m. Status conference briefs are due May 19, 2023.
[1] In Adolph,
the California Supreme Court will consider the following issue:
The issue to be briefed and argued is limited to
the following: Whether an aggrieved employee who has been compelled to
arbitrate claims under the Private Attorneys General Act (PAGA) that are
“premised on Labor Code violations actually sustained by” the aggrieved
employee (Viking River Cruises, Inc. v. Moriana (2022) 596 U.S.
___, ___ [213 L. Ed. 2d 179, 142 S.Ct. 1906, 1916] (Viking River Cruises);
see Lab. Code, §§ 2698, 2699, subd. (a)) maintains statutory standing
to pursue “PAGA claims arising out of events involving other employees” (Viking
River Cruises, at p. ___ [142 S.Ct. at p. 1916]) in court or in any other
forum the parties agree is suitable.
(Adolph v. Uber Techs., Inc., No. S274671, 2022 Cal. LEXIS 5021, at *1 (Aug. 1,
2022).)