Long-time blog readers and CEN watchers will recall that for the last several years, we have been watching several cases discussing whether Private Attorneys General Act (“PAGA”) claims may be stricken as unmanageable. First, in the Fall of 2021, an
In a blow for employers, the California Supreme Court held that trial courts may not strike PAGA claims on manageability grounds.
The Backdrop on PAGA Manageability
PAGA trials are a collection of mini trials, as opposed to class actions that
Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022)
In this PAGA case, the trial court relied upon Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021) in which the Court of Appeal
In Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022), the California Court of Appeal, in relevant part, reversed a trial court’s order decertifying a subclass and dismissing related Private Attorneys General Act (PAGA) claims as unmanageable.
On March 23, 2022, the California Court of Appeal for the Fourth District in Estrada v. Royalty Carpet Mills, Inc., ruled that courts do not have authority to strike a claim under the Private Attorneys General Act (“PAGA”) due to
In late 2021, the California Court of Appeal, in Wesson v. Staples The Office Superstore, LLC, held that “courts have inherent authority to ensure that PAGA claims can be fairly and efficiently tried and, if necessary, may strike claims that cannot be
Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021)
Fred Wesson sued Staples under PAGA, seeking $36 million in civil penalties for Labor Code violations related to an alleged misclassification of its store general managers. At trial,
In a huge win for California employers, the California Court of Appeals recently confirmed that courts have discretion to strike claims for penalties under the Private Attorneys General Act of 2004 (“PAGA”) if the claims will be unmanageable at trial.
On September 9, 2021, California’s Court of Appeal issued an important decision in Wesson v. Staples The Office Superstore, LLC (“Wesson”), holding that trial courts have discretion to strike claims brought under the Private Attorneys General Act (“PAGA”) when a