Class Action | Sansanowicz Law Group

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?

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...

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

Arbitration, Class Action, Wage and Hour

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...

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

Class Action, Wage and Hour

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...

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

Class Action, PAGA, Wage and Hour

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...

Yocupicio v. PAE Group, LLC.

Class Action

PAGA Claims May Not Satisfy CAFA’s Amount in Controversy Requirement Nor May CAFA’s Diversity Provisions Create Federal Jurisdiction for PAGA Claims. Yocupicio v. PAE Group, LLC, 795 F.3d 1057 (9th Cir. July 30, 2015) Plaintiff filed a class action in state court...

Muñoz, et al. v. Chipotle Mexican Grill

Class Action

The Filing of a Class Action Tolls Claims from the Date of Filing Until the Date the Lawsuit Can No Longer Proceed as a Class Action. Muñoz, et al. v. Chipotle Mexican Grill (June 30, 2015) 238 Cal.App.4th 291 Under American Pipe & Constr. Co. v. Utah (1974) 414...

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