Judge: Lon F. Hurwitz, Case: 2019-01069273, Date: 2022-12-02 Tentative Ruling

1. Joinder

2. Motion to Compel Arbitration

On 10-01-21, this case was consolidated for all purposes with Ferreira v. B. Braun Medical, Inc., Case No. 2020-01141094. (ROA 167.) The difference between the actions is that the Ferreira action includes class claims (predicated on the same Labor Code violations) in addition to the PAGA claim, whereas this case, Riley, is a PAGA-only case and includes the additional defendant Manpower. This action is the lead case.

As part of the same 10-01-21 order, the Court DENIED Plaintiff Ferreira’s motion to intervene in this action. (ROA 167 at 2-3 [“Thus, it is only the State and not Ferreira, who has an interest in the PAGA claim asserted in Riley, and the State is already represented in the Riley case so its interests are protected. It does not need Ferreira to intervene to protect it. Because Ferreira cannot demonstrate the requisite interest in this action, his motion must be denied.”].)

ANALYSIS:

MP (ROA 190) makes the same arguments made by Defendants in countless other actions.

Notably, no opposition was filed by either Plaintiff in the Riley action. Instead, the opposition (ROA 222) was filed by Plaintiff Ferreira, which is odd given that the motion to compel did not concern that action or that Plaintiff and the Court previously denied Ferreira’s attempt at intervention. Accordingly, it appears the opposition was filed solely out of an abundance of caution and can be disregarded.

The Reply (ROA 232) correctly states there is nothing for Ferreira to oppose as the motion was not directed to him. Additionally, while MP contends the opposition is moot, the motion is moot as Plaintiffs in the Riley action have stipulated to submit their individual PAGA claims to arbitration and stay the non-individual PAGA claims. The joint stipulation and proposed order was submitted to the Court on 11-18-22 and includes a provision (¶ 8) that takes this hearing off calendar upon entry by the Court.

Joinder (ROA 214)

This is moot for the same reasons above. Defendant B. Braun Medical Inc. is a party to the stipulation.

Defendant Manpower’s Request for Judicial Notice (ROA 202). No need for the Court to rule as the documents were not material to the ruling.

RULING:

Defendant Manpower US, Inc. seeks an order compelling Plaintiffs’ Riley and Styles’ individual PAGA claims to individual arbitration proceedings and dismissing all non-individual PAGA claims.

The Court has reviewed and will sign the parties’ joint stipulation and proposed order. (ROA 228.) Accordingly, this motion is MOOT and will be ordered off calendar.

No appearance is necessary at the hearing.

Clerk to give notice.