class action

The Nature of PAGA Actions What is a PAGA claim? How do you bring one? Why would you bring one? What other factors must be taken into consideration?

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A PAGA PRIMER: THE CASES AND ISSUES YOU NEED TO KNOW The seminal case in this area is the California Supreme Court’s decision in lskanian v CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348. As the Court explained after examining the legislative history of the statute, PAGA was enacted for a dual purpose: (1)… Continue Reading The Nature of PAGA Actions What is a PAGA claim? How do you bring one? Why would you bring one? What other factors must be taken into consideration?

Defendant Waived Its Right to Compel Arbitration Because of Delay, Taking Actions Inconsistent with the Right to Arbitrate, and the Prejudice to Plaintiff.

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Garcia v. Haralambos Beverage Co., 2021 WL 22015 (Jan. 4, 2021) Defendant sought to compel Plaintiffs, truck drivers, to arbitrate their individual claims. The trial court denied the motion to compel, holding Defendant had waived its right to compel arbitration because it had unreasonably delayed in bringing the motion and had acted in a manner… Continue Reading Defendant Waived Its Right to Compel Arbitration Because of Delay, Taking Actions Inconsistent with the Right to Arbitrate, and the Prejudice to Plaintiff.

Class Action Tolling Rules Depend on Analyzing the Pleadings, Not Factual Inquiries.

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Hildebrandt v. Staples the Office Superstore, LLC, 2020 WL 7090204 (Dec. 4, 2020) Plaintiff filed the third of three wage and hour class actions against Defendant on behalf of general managers at Defendant’s California stores, alleging Defendant misclassified them as exempt. The trial court previously had denied class certification in the second action for failure… Continue Reading Class Action Tolling Rules Depend on Analyzing the Pleadings, Not Factual Inquiries.

PAGA Waiver is Unenforceable as Against Public Policy and Unseverable From Arbitration Agreement in Employee Handbook

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Juarez v. Wash Depot Holdings, Inc., 24 Cal. App. 5th 1197 (2018) The Second District Court of Appeal found this discrepancy to be material, such that it rendered the entire arbitration agreement unenforceable. The appellate court further held the trial court did not abuse its discretion when it found that the there was a “profound”… Continue Reading PAGA Waiver is Unenforceable as Against Public Policy and Unseverable From Arbitration Agreement in Employee Handbook

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