Williams v. Super. Ct.
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Petitioner filed suit under the Private Attorney General Act (PAGA), Labor Code section 2699 et seq., alleging that real party in interest Pinkerton violated various provisions of the Labor Code. Pinkerton moved to enforce petitioner’s waiver of his right to assert a representative PAGA claim, or alternatively, for an order staying the PAGA claim, but sending the “individual claim” that petitioner had been subjected to Labor Code violations to
arbitration pursuant to a written agreement. The trial court denied the motion to enforce the waiver, but granted the alternative relief. The court agreed with the trial court that under Iskanian v. CLS Transportation Los Angeles, LLC, the waiver of a right to assert a representative PAGA claim in any forum is unenforceable. The court concluded, however, that petitioner’s single cause of action under PAGA cannot be split into an arbitrable “individual claim” and a nonarbitrable representative claim. Therefore, the court granted the petition.
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