By: Phillip J. Ebsworth, Andrew Paley, and Michael Afar

Seyfarth Synopsis: The California Supreme Court addressed the split in appellate authority and held that trial courts do not have the inherent authority to strike a PAGA claim on manageability grounds.

In Estrada, the trial court had dismissed the plaintiff’s PAGA claim following a bench trial, on the

Continue Reading PAGA Paraphrased – Estrada v. Royalty Carpet Mills, Inc.

By: Phillip J. Ebsworth and Michael Afar

Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a class/representative/PAGA action waiver in arbitration agreements.

In DeMarinis, the First District affirmed the trial court’s denial of

Continue Reading PAGA Paraphrased – DeMarinis v. Heritage Bank of Commerce

By: Bailey K. Bifoss, Andrew M. Paley, and Michael Afar

Seyfarth Synopsis: The California Supreme Court held that a plaintiff whose individual PAGA claims are compelled to arbitration retains standing to pursue representative PAGA claims in court in Adolph v. Uber Technologies, Inc., meaning that their claims may live on way past the first volley.

Wimbledon may be

Continue Reading California Takes the Match with Adolph Ruling

By: Phillip J. Ebsworth and Justin T. Curley

Seyfarth Synopsis: The Fourth District joined the Second District in issuing another published decision holding that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration.

The Court did not provide any guidance on whether the representative claims should be stayed, stating only that, “We leave

Continue Reading PAGA Paraphrased – Nickson v. Shemran, Inc., 90 Cal.App.5th 121 (2023)

By: Phillip J. Ebsworth and Justin T. Curley

Seyfarth Synopsis: Another panel from the Second Appellate District issued an opinion, following Galarsa, Piplack, and Gregg, holding that a PAGA plaintiff compelled to individual arbitration retains standing to bring a representative PAGA claim in state court.

The Court did not consider whether the representative claims remaining

Continue Reading PAGA Paraphrased – Seifu v. Lyft, Inc., 89 Cal.App.5th 1129 (2023)

By: Phillip J. Ebsworth and Michael Afar

Seyfarth Synopsis: The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA representative still maintains standing to pursue non-individual representative PAGA claims in court, even if the individual claims are compelled to arbitration.

In concluding that plaintiffs compelled to

Continue Reading PAGA Paraphrased – Gregg v. Uber Technologies, Inc., 89 Cal.App.5th 786 (2023)

By: Phillip J. Ebsworth and Justin T. Curley

Seyfarth Synopsis: The Fourth Appellate District provides further support that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration. In doing so, it rejected the argument that the language of PAGA requires a plaintiff to be able to maintain both individual and representative PAGA claims in

Continue Reading PAGA Paraphrased – Piplack v. In-N-Out Burgers, 88 Cal.App.5th 1281 (2023)

By: Phillip J. Ebsworth and Justin T. Curley

Seyfarth’s Wage Hour Litigation practice group is excited to share this inaugural post in our new series, PAGA Paraphrased. The everchanging world of PAGA is full of verbose opinions, unwieldy statutory language, and a unique and sometimes perplexing vocabulary that even an exasperated United States Supreme Court expressed confusion over. Whether you

Continue Reading PAGA Paraphrased – Galarsa v. Dolgen California, LLC, 88 Cal.App.5th 639 (2023)