Judge: Christopher K. Lui, Case: 22STCV18179, Date: 2025-05-05 Tentative Ruling

Case Number: 22STCV18179    Hearing Date: May 5, 2025    Dept: 76

            This is a PAGA action seeking to recover civil penalties for wage and hour violations. 

            Defendants Labornow, Inc. and Boskovich Farms, Inc. move for an order compelling arbitration and dismissing the representative PAGA claims. 

TENTATIVE 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 June 6, 2025 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 June 6, 2025 hearing date.

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