Tentative ruling in department A on Mar. 15, 2023 in Marin County, CA - Case no: xxxxx067

DATE: 03/14/23 TIME: 1:30 P.M. DEPT: A CASE NO: CV2200067
PRESIDING: HON. STEPHEN P. FRECCERO
REPORTER: CLERK; Q. ROARY
PLAINTIFF: LUTHER RODDY
vs.
DEFENDANT: O’NEILL BEVERAGES
CO, LLC
NATURE OF PROCEEDINGS: MOTION TO COMPEL ~ ARBITRATION AND DISMISS
THE REPRESENTATIVE PAGA ACTION [DEFT] O’NEILL BEVERAGES CO. LLC, A
DELAWARE LLC
RULING
Defendant O’ Neill Beverages Co. LLC’s (“Defendant”) Motion to Compel Arbitration and
Dismiss the Representative Private Attorney General Act (“PAGA”) Action is DENIED.
Background
Defendant is one of the largest wineries in the United States, specializing in national brands,
exclusive label wines, and premium wine and spirits production. (Licon Decl., 93.) Plaintiff was
employed by Defendant as a forklift operator from approximately June 15, 2020, to August 30,
2021. (id. 94.) Defendant contends that Plaintiff received, acknowledged, and signed a “Mutual
Volunta….....