Esparza v. Safeway, Inc.Annotate this Case
Plaintiffs, former Safeway employees, appealed the trial court's judgment against them on two causes of action under the unfair competition law (UCL) and the Labor Code Private Attorneys General Act of 2004 (PAGA). The Court of Appeal affirmed and held that the trial court properly granted Safeway summary adjudication on the UCL claim because plaintiffs failed to submit evidence raising a triable issue of material fact regarding whether Safeway's no-premium-wages policy harmed the class members in a manner entitling them to the only UCL remedy plaintiff's sought, viz., restitution. Furthermore, even assuming plaintiffs raised a triable issue regarding whether Safeway took from the class members the value of the statutory guarantee, they failed to raise a triable issue regarding their ability to measure that value. The court also held that the trial court properly struck the PAGA claim because it was untimely.