Judge: Marcella O. Mclaughlin, Case: 37-2021-00024255-CU-OE-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2021-00024255-CU-OE-CTL SALAZAR VS JCPENNEY PROPERTIES INC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Bifurcation, 12/06/2023

The motion to bifurcate individual and representative claims is DENIED.

While Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. 639 and Adolph v. Uber Technologies, Inc.

(2023) 14 Cal.5th 1104 require a court to bifurcate and order individual PAGA claims to arbitration when an appropriate arbitration agreement exists, defendant has not cited any authority holding that splitting individual and non-individual PAGA claims is permissible outside the arbitration context.

Moreover, even if there was such authority, the court is not persuaded that the proposed bifurcation will promote judicial economy and efficiency. This case is already two-and-a-half years old. There has been significant law and motion practice and discovery. Trial has been continued numerous times. Under these circumstances, the court believes that bifurcating plaintiff's individual and non-individual PAGA claims will only cause more expense and delay. See Williams v. Superior Court (2017) 3 Cal.5th 531, 548 ('Hurdles that impede the effective prosecution of representative PAGA actions undermine the Legislature's objectives.').

In issuing this ruling, the court has not considered the unpublished Court of Appeal opinion cited in the reply brief. This is improper. See CRC 8.1115(a). Counsel for defendant is admonished to refrain from engaging in similar conduct in the future.

Calendar No.: Event ID:  TENTATIVE RULINGS

3061371  37