The defendant’s motion to compel arbitration is denied as to the plaintiff’s PAGA claims, but otherwise granted. The proposed order is signed after striking paragraph 2. The plaintiff may continue to prosecute her PAGA claim while the arbitration is proceeding. Analysis: “Except as provided in (b), an opinion of a California Court of Appeal . . . that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action.” (Cal. Rules of Court, rule 8.1115(a).) Neither of the exceptions in subdivision (b) apply in this instance. Therefore, the plaintiff’s reliance upon the Court of Appeal’s unpublished opinion in Doe v. GlobalLogic, Inc., 2019 Cal.App. Unpub. LEXIS 2431 is improper. The Court does not consider that opinion as either binding or persuasive authority. The Court finds that the agreement covers claims against TriNet’s co-employer. The agreement provides in section 9(f): “This DRP is the full and complete agreement rela
Hearing Date
September 15, 2020
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The defendant’s motion to compel arbitration is denied as to the plaintiff’s PAGA claims, but otherwise granted. The proposed order is signed after striking paragraph 2. The plaintiff may continue to prosecute her PAGA claim while the arbitration is proceeding. Analysis: “Except as provided in (b), an opinion of a California Court of Appeal . . . that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action.” (Cal. Rules of Court, rule 8.1115(a).) Neither of the exceptions in subdivision (b) apply in this instance. Therefore, the plaintiff’s reliance upon the Court of Appeal’s unpublished opinion in Doe v. GlobalLogic, Inc., 2019 Cal.App. Unpub. LEXIS 2431 is improper. The Court does not consider that opinion as either binding or persuasive authority. The Court finds that the agreement covers claims against TriNet’s co-employer. The agreement provides in section 9(f): “This DRP is the full and complete agreement rela