Shaw v. Superior Court of Contra Costa CountyAnnotate this Case
Plaintiffs claimed that BevMo's policy, requiring the presence of two persons in any store while open, regularly requires employees to forgo off-duty, uninterrupted meal and rest periods, or, alternatively, premium pay for non-compliant meal and rest periods. In their Contra Costa County representative suit under the Private Attorneys General Act (PAGA) (Lab. Code 2698), the plaintiffs gave notice to the Labor and Workforce Development Agency. More than a year before that suit, Paez had filed a PAGA representative action against BevMo in Los Angeles, concerning the two-person policy. While their petition for judicial coordination (Code Civ. Proc. 404) with the Los Angeles PAGA suit was pending, the Contra Costa trial court stayed the suit.
After the petition for coordination was denied, the court denied a motion to lift the stay, concluding that the stay was warranted under the doctrine of exclusive concurrent jurisdiction. The court of appeal denied a petition of mandamus relief. The trial court did not err in applying the exclusive concurrent jurisdiction rule to this dispute. If that rule is mandatory, PAGA does not clearly abrogate the rule; if the court had discretion to weigh policy concerns in deciding whether to apply the rule, the court did not abuse its discretion.