Judge: James A. Mangione, Case: 37-2022-00034713-CU-OE-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 12, 2024

01/12/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00034713-CU-OE-CTL AVILLANOZA VS RANDSTAD GENERAL PARTNER US LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Defendant's Motion to Compel Arbitration is granted.

There is no dispute that a valid, arbitration agreement exists between the parties. Instead, the parties only dispute is whether Plaintiffs' PAGA claims are excluded from the agreement based on the exclusion of claims that '[Plaintiffs] cannot be required to arbitrate as a matter of law.' Plaintiffs argue that, because PAGA claims could not be ordered to arbitration at the time the agreement was signed between the parties (prior to the Supreme Court's decision in Viking River), PAGA claims are excluded from the agreement. The Court disagrees. While Plaintiffs cannot be compelled to arbitrate their representative PAGA claims, their individual PAGA claims are subject to arbitration. Neither Viking River, nor Adolph, provide support for the proposition that agreements signed before those opinions were issued can evade arbitration for arbitrable claims by virtue of the date the agreement was executed. Individual PAGA claims can be compelled to arbitration, and therefore, do not fall within this exclusion.

Furthermore, the Court finds it appropriate to stay this case pending arbitration. A status conference is set for May 17, 2024 at 9:45 a.m. in this Department.

The minute order is the order of the Court.

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