Judge: Matthew C. Braner, Case: 37-2020-00026768-CU-OE-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  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:

Defendants Evans Hotels, LLC and The Lodge at Torrey Pines, Partnership, LP's motion to stay proceedings is GRANTED.

The court will hear from the parties regarding the status of arbitration of Plaintiff Christina Howitson's individual PAGA claims, and assuming such proceedings have not already begun, whether a court order is needed to commence such proceedings.

There is no dispute between the parties, following the California Supreme Court's decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, that Plaintiff may retain standing to pursue the representative PAGA action even if her individual claim is sent to arbitration. (Id. at p. 1123 ['W]here 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.'].) All that remains is to decide whether the representative action should be stayed pending completion of arbitration, After review of Defendants' briefing, the court is persuaded that the representative action should be stayed pending completion of arbitration. It is true that a judgment entered in a PAGA plaintiff's 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.) However, the 'judgment' in this case was the result of a 998 settlement offer, and Plaintiff's acceptance of that offer did not, and does not, establish that Plaintiff suffered any Labor Code violations, which is a necessary prerequisite to standing under PAGA. (Code Civ. Proc., § 998, subd. (f) ['Any judgment or award entered pursuant to this section shall be deemed to be a compromise settlement.']; Wade v. 20th Century Ins. Co. (1988) 206 Cal.App.3d 32, 38 ['The language 'compromise settlement' makes it clear that the element of litigated issues is absent.']; see also Linton v. County of Contra Costa (2019) 31 Cal.App.5th 628, 635 ['[A]ssuming liability merely due to [plaintiff's] designation as 'prevailing party' or defendants' acceptance of her offer to compromise would undermine the purpose of section 998, which is to encourage pretrial settlements.'].) As such, the prudent course is to allow arbitration to proceed and await its resolution before allowing litigation in this representative case to move forward.

Accordingly, Defendants' motion is granted, and this case will remain stayed pending completion of arbitration of Plaintiff's individual PAGA claims.

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