Judge v. Nijjar Realty, Inc.
Annotate this CaseNijjar hired Judge as a resident property manager. Nijjar terminated her employment. Judge filed claims for unpaid compensation, meal and rest period premiums, waiting time penalties, and wrongful termination. Under the Private Attorney General Act, Judge alleged similar claims on behalf of other employees. Judge also filed a class action, alleging similar claims on behalf of herself and class members. The trial court determined that the actions were related cases and designated the individual/PAGA action as the lead case, but denied Judge’s subsequent application to consolidate the cases. Based on an arbitration agreement that Judge had signed as an employee, the trial court granted a petition to compel arbitration and stay proceedings on the individual and PAGA claims. The court concluded that the Federal Arbitration Act governed the agreement and that Judge’s employment-related claims and individual PAGA claims were covered. The arbitrator issued a clause construction award, finding that the agreement permitted arbitration of class and representative claims. The trial court granted the defendants’ petition to vacate the n award. The court of appeal dismissed, stating that because the arbitrator has not ruled on any substantive issues, the order did not vacate a final arbitration award and is not appealable.
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