Judge: Maurice A. Leiter, Case: 21STCV28051, Date: 2023-10-04 Tentative Ruling

Case Number: 21STCV28051    Hearing Date: October 4, 2023    Dept: 54

Hearing Date: October 4, 2023

Department 54, Judge Maurice A. Leiter

Motion to Dismiss Representative PAGA Claims

Moving Party: Defendants Joya Food Enterprises, Inc., et al.

Responding Party: Plaintiff Karina Lepe Tenorio

T/R:     DEFENDANTS’ MOTION TO DISMISS THE REPRESENTATIVE PAGA CLAIMS IS DENIED.

DEFENDANTS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

On July 30, 2021, Plaintiff filed a PAGA action against Defendants. On October 27, 2023, the Court granted Defendants’ motion to compel Plaintiff’s individual PAGA claims to arbitration and deferred its decision on whether to dismiss the representative claims until the California Supreme Court issued its decision in Adolph v. Uber (2023) 14 Cal.5th 1104. On July 17, 2023 the Court held an individual does not lose standing to pursue representative PAGA claims in court when the individual claims are subject to arbitration.

The motion to dismiss the representative PAGA claims is DENIED.