Tentative decisions - Motion to Compel Arbitration

On October 14, 2020 an employment - complex case was filed by Makiya Cornell, As An Aggrieved Employee Pursuant To The Private Attorneys General, represented by Capstone Law Apc, against Indio Nursing And Rehabilitation Center, Inc A California Corporation, Legacy Healthcare, Inc A California Corporation, and San Bernardino Convalescent Operations, Inca California Corporation, represented by Klinedinst Pc, in the jurisdiction of San Bernardino County. Judge David Cohn presiding.

                        
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8. Cornell v. Legacy healthcare, |nc., et al. CIVDS202231 6 Motion to Compel Arbitration and Stay Proceeding Tentative Rulingz: under the Labor Code Private Attorney General Act of Plaintiff’s lawsuit, filed 2004, Labor Code section 2698 et seq. (PAGA), seeks penalties for alleged violations of ” the California Labor Code suffered by plaintiff and other “aggrieved employees. Defendant brings this motion to compel arbitration pursuafit to Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906. Before VikingRiVep PAGA claims were not subject to arbitration under any circumstances. In Viking RivehHOWever, the Court held, contrary to Iskanian v. CLS Transp. Los Angeles LLC (2014) 59tC'aI 4th 348, that under the Federal Arbitration Act, 9 U. S. C. section 1 et Seq. (FAA) a PAGA action is The C…

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