Judge: Richard S. Whitney, Case: 37-2023-00046947-CU-OE-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2023-00046947-CU-OE-CTL BARNETT VS FIRST AMERICAN HOME WARRANTY CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT'S MOTION TO COMPEL ARBITRATION is MOOT, in part, and GRANTED, in part.

Defendant FIRST AMERICAN HOME WARRANTY CORPORATION ('Defendant') seeks to compel Plaintiff VERNON BARNETT's ('Plaintiff') individual PAGA claims and to dismiss or stay the remaining representative PAGA claims. Plaintiff submitted her individual PAGA claims to arbitration before this action began and Plaintiff filed an amended complaint on April 23, 2024, such that the issue of compelling arbitration is now moot. Plaintiff will be judicially estopped from asserting that this action involves individual PAGA claims. However, the Court must still address whether the remaining representative PAGA action should be dismissed or stayed.

Plaintiff's individual PAGA claims are arbitrable and the remaining representative PAGA action may be stayed pending the arbitration of Plaintiff's individual PAGA claims. (Adolph v. Uber Technologies, Inc.

(2023) 14 Cal.5th 1104.) The Court agrees the representative portion may not be dismissed. (Id. at 1122-1123.) The Court elects to stay the remaining representative PAGA action not compelled to arbitration. A status conference is hereby set for November 8, 2024, at 10:00 am.

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