Judge: Peter Wilson, Case: 2021-01194784, Date: 2022-09-01 Tentative Ruling

Plaintiff John Surby’s Motion to Compel further responses to its Special Interrogatory Nos. 1 and 4 from Defendant Arb, Inc. is GRANTED, for the reasons set forth below.

This is a PAGA-only action and Plaintiff indisputably seeks information that is relevant in every PAGA action – contact information for aggrieved employees and the total number of pay periods worked by the aggrieved employees. ROA 81, Seyedfarshi Decl., ¶1 and Ex. 1, Special Interrogatories Nos. 1 and 4; ROA 75, Sep. Stmt.

Further, and as Defendant recognizes, pursuant to Williams v. Superior Court (2017) 3 Cal.5^th 531, 545-546, a plaintiff bringing a PAGA action is entitled to this information. Indeed, Defendant has already informally provided to Plaintiff the total number of pay periods worked by the aggrieved employees. ROA 93, Chen Decl., ¶4.

Nevertheless, Defendant argues that it is not required to disclose contact information for the aggrieved employees because it contends Plaintiff lacks standing to bring a PAGA claim. Specifically, Defendant contends its records show Plaintiff was a salaried, exempt employee who has not suffered any injury, and whose wage statements were compliant. ROA 91, Cruz Decl., ¶3 and Ex. A; ROA 93, Chen Decl., ¶¶6-8; ROA 95. Based thereon, Defendant argues Plaintiff has not suffered any injury, and cannot bring this PAGA action.

As Plaintiff correctly argues, Defendant’s arguments are premature and would require the Court to improperly render a decision on the merits when no dispositive motion is pending. The issues raised by Defendant are currently in dispute, and Defendant’s merit-based arguments do not prevent Plaintiff’s right to further responses to the Special Interrogatories Nos. 1 and 4.

Defendant is ordered to provide a verified supplemental response to Special Interrogatory No. 4 within 10 days.

The parties are ordered to meet and confer on the Belaire-West notice within 15 days. If the parties cannot reach an agreement on the Belaire-West notice and procedure, they may contact the Court to schedule an informal discovery conference. Defendant is ordered to provide a verified supplemental response to Special Interrogatory No. 1 within 45 days of the mailing of the Belaire-West notice.

The request for monetary sanctions is DENIED. Plaintiff did not request a specific amount of monetary sanctions.

The September 1, 2022 status conference is continued to December 23, 2022 at 9 AM, and the parties are ordered to file a joint status report not later than December 16, 2022.

Plaintiff is ordered to give notice.