Judge Mark E. Windham, Case Number: 23STLC00224, Date: 2023-07-20 Tentative Ruling

Judge: Mark E. Windham, Case: 23STLC00224, Date: 2023-07-20 Tentative Ruling

Case Number: 23STLC00224 Hearing Date: July 20, 2023 Dept: 26

Witt v. Postmates, Inc., et al.

PROCEEDINGS: MOTION TO COMPEL ARBITRATION OF PLAINTIFF’S INDIVIDUAL PAGA CLAIM AND TO DISMISS THE NON-INDIVIDUAL PAGA CLAIMS

TENTATIVE RULING:

DEFENDANT POSTMATES, INC.’S MOTION TO COMPEL ARBITRATION IS PLACED OFF CALENDAR.

BASED ON THE RELIEF SOUGHT IN THE FIRST AMENDED COMPLAINT, THIS ACTION IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ALL HEARING DATES IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE ARE VACATED.

ANALYSIS:

On January 12, 2023, Plaintiff Marcus Witt (“Plaintiff”) filed the instant action against Defendant Postmates, Inc. (“Defendant”). The complaint alleged a single cause of action for civil penalties under the Private Attorney General Act of 2004 (“PAGA”). Plaintiff filed a first amended complaint on January 13, 2023, alleging the same. The first amended complaint requests the following relief: (1) a declaration that Defendant violated Labor Code sections 226.8, 2802, 1194, 1197, 1198, 510, 554, and 558; (2) judgment in favor of Plaintiff pursuant to Labor Code section 2699(c); (3) penalties in an amount according to proof; (4) pre- and post-judgment interest; (5) reasonable fees, costs, and expenses; and (6) public injunctive relief in the form of an order requiring Defendant to comply with

the California Labor Code.

Defendant filed the instant Motion to Compel Arbitration on June 30, 2023. However, the Limited Jurisdiction Court lacks jurisdiction to issue the declaratory and injunctive relief sought in the first amended complaint. (See Code Civ. Proc., §§ 85, 86.)

Therefore, the hearing on the motion is placed off calendar and the case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for collection of fees and reassignment of the case to an Independent Calendar Court. Plaintiff is ordered to pay the reclassification fee within ten (10) days.

Court clerk to give notice.