Judge: Robert B. Broadbelt, Case: 21STCV42907, Date: 2023-01-10 Tentative Ruling

Case Number: 21STCV42907    Hearing Date: January 10, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants Wells Fargo Bank, N.A., and Wells Fargo Clearing Services, LLC

RESPONDING PARTY:       Plaintiff Sarah Weindling

Motion to Dismiss Plaintiff’s Representative PAGA Action

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff Sarah Weindling, on behalf of herself and all other aggrieved employees (“Plaintiff”), filed this PAGA action against defendants Wells Fargo Bank, NA and Wells Fargo Clearing Services, LLC (“Defendants”), on November 22, 2021.

Pursuant to the parties’ stipulation and the court’s August 8, 2022 order, Plaintiff submitted her individual PAGA claims to FINRA arbitration.  The court ordered that this action is stayed pending completion of arbitration.

Defendants now move the court for an order dismissing Plaintiff’s representative PAGA claims pursuant to Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. ____ [142 S. Ct. 1906].

As set forth above, on August 8, 2022, the court ordered that this action is stayed pending completion of arbitration.  (Aug. 8, 2022 Order, p. 4:25.)  The court therefore takes Defendants’ motion to dismiss off calendar, subject to being rescheduled once the stay is lifted.

ORDER

            The court takes off calendar defendants Wells Fargo Bank NA, and Wells Fargo Clearing Services, LLC’s motion to dismiss plaintiff’s representative PAGA action.

            The court orders defendants Wells Fargo Bank NA, and Wells Fargo Clearing Services, LLC to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 10, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court