This is a putative class and Private Attorneys General Act (“PAGA”) action alleging wage and hour violations by defendant Houzz, Inc. Before the Court is Houzz’s motion to compel arbitration of plaintiff’s individual claims, dismiss her putative class claims, and stay these proceedings in their entirety. Plaintiff opposes Houzz’s motion.
On June 16, 2020, the Court issued a tentative ruling indicating that it was inclined to dismiss plaintiff’s putative class claims and compel arbitration of her first eight causes of action on an individual basis. However, there is no dispute that the parties’ arbitration agreement does not apply to plaintiff’s ninth cause of action under PAGA, which is asserted in a representative capacity on behalf of the state. (See Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602, 621 [California Courts of Appeal “have uniformly held that an employee’s predispute agreement to arbitrate PAGA claims is not enforceable without the state’s consent”].) Houz
Hearing Date
July 17, 2020
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This is a putative class and Private Attorneys General Act (“PAGA”) action alleging wage and hour violations by defendant Houzz, Inc. Before the Court is Houzz’s motion to compel arbitration of plaintiff’s individual claims, dismiss her putative class claims, and stay these proceedings in their entirety. Plaintiff opposes Houzz’s motion.
On June 16, 2020, the Court issued a tentative ruling indicating that it was inclined to dismiss plaintiff’s putative class claims and compel arbitration of her first eight causes of action on an individual basis. However, there is no dispute that the parties’ arbitration agreement does not apply to plaintiff’s ninth cause of action under PAGA, which is asserted in a representative capacity on behalf of the state. (See Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602, 621 [California Courts of Appeal “have uniformly held that an employee’s predispute agreement to arbitrate PAGA claims is not enforceable without the state’s consent”].) Houz