Judge: Michael Small, Case: 24STCV10080, Date: 2024-09-03 Tentative Ruling

Case Number: 24STCV10080    Hearing Date: September 3, 2024    Dept: 57

The Court is granting Defendant's motion for a stay of Plaintiff's action brought in this Court under the Private Attorneys' General Act ("PAGA" ) pending resolution of Plaintiff's own earlier-filed putative class action,  Abrajano v. Gate Gourmet, Inc.,  Case No. 3:24-CV03889-MMC,  that is being heard in federal court in the Northern District of California.  Plaintiff's class action alleges the same California Labor Code violations on behalf of an overlapping group of Defendant’s California non-exempt employees that the Plaintiff is alleging in the PAGA action. The factors set forth in Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co., 15 Cal. App. 4th 800 (1993), support a discretionary stay here in light of the Plaintiff's class action. 

 The Court need not decide whether Plaintiff's PAGA action should be stayed pending the resolution of a separate, earlier-filed putative class action brought by a different plaintiff that also is pending in federal court in the Northern District of California, Solis v. Gate Gourmet, Inc., Northern District of California Case No. 3:24-cv-01287-VC