Judge: Randall J. Sherman, Case: 2021-01197627, Date: 2022-11-18 Tentative Ruling

Defendants Kinetic Personnel Group, Inc. and Robert Santana’s Motion to Compel Arbitration and Stay Proceedings is denied.  Defendants American Polymers Corp. and Original Parts Group, Inc.’s Joinder is denied.  Plaintiff’s Request for Judicial Notice is denied.  Defendants’ objection to plaintiff’s opposition because it was 20 pages long in violation of CRC Rule 3.1113(d), and failed to include a table of contents and authorities as required by CRC Rule 3.1113(f), is sustained.  Plaintiff must comply with all applicable Rules of Court.

Section 14.1(c) of the parties’ Arbitration Agreement covers PAGA claims, and purports to waive plaintiff’s right to bring them.  The waiver is unenforceable based on Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal. 4th 348, 383, but Section 14.1(c) of the Arbitration Agreement has a severability clause.  The provision then continues to say that if the PAGA waiver is unenforceable, “such private attorney general action must be litigated in a civil court of competent jurisdiction”.  Thus, the parties’ Arbitration Agreement does not apply to PAGA claims, and defendant may not compel plaintiff to arbitrate his PAGA claims, compelling the denial of this motion.

Plaintiff is ordered to give notice of the ruling unless notice is waived.