Judge: Matthew C. Braner, Case: 37-2020-00026768-CU-OE-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2020-00026768-CU-OE-CTL HOWITSON VS EVANS HOTELS LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

At the outset, the court notes that much of the briefing submitted by the parties in connection with Defendants Evans Hotels, LLC and The Lodge at Torrey Pines, Partnership, LP's motion preceded the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, on July 17, 2023. That decision makes clear that 'where a plaintiff has filed a PAGA action comprised of individual and non-individual claims, an order compelling arbitration of individual claims does not strip the plaintiff of standing to litigate non-individual claims in court.' (Id. at p. 1123.) Now that it is clear Plaintiff Christina Howitson has standing to pursue the representative PAGA action despite her individual claim being sent to arbitration, Defendant's arguments favoring a stay are no longer applicable.

The court is persuaded by Plaintiff's argument (set forth in her August 24, 2023 status report) that the judgment entered in her favor with respect to her non-PAGA individual claims is binding on her individual PAGA claims. (See Arias v. Superior Court (2009) 46 Cal.4th 969, 987.) That being the case, there is little concern of conflicting decisions should the instant representative case move forward prior to completion of the arbitration of Plaintiff's individual PAGA claim. Consequently, the court is inclined to deny Defendants' motion.

However, the court recognizes that Defendants have not had a full opportunity to address the arguments set forth in Plaintiff's status report, on which the court now relies in addressing Defendants' motion. As such, the court will hear from Defendants regarding this issue and whether they will request an opportunity to further brief those issues.

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