New Arbitration/Employment PAGA Case
Jan 07, 2025
I help California lawyers get excellent results several ways:
- I serve as a mediator, arbitrator and referee with ADR Services, Inc.
- I publish California Case Summaries™ to help California lawyers always know the new case law in their practice areas to get a competitive advantage and win more cases.
- In my Trial Alchemy™ podcast I interview outstanding plaintiff and defense civil trial lawyers and ABOTA members to help lawyers to learn from trial experts.
New CA Arbitration/Employment PAGA Case
Did Plaintiff's PAGA action allege individual claims?
Last month, the California Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
Leeper v. Shipt, Inc., et al. (2024) _ Cal.App.5th _, 2024 WL 5251619: The Court of Appeal reversed the trial court’s order denying defendants’ motion to compel arbitration of plaintiff’s action under the Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.). The trial court denied the motion based upon its conclusion that plaintiff’s PAGA action did not allege any individual claims subject to arbitration under the parties’ arbitration agreement. The Court of Appeal disagreed and reversed. Based on the unambiguous, ordinary meaning of the relevant statutory language and the legislative history of that language, the Court of Appeal concluded that every PAGA action necessarily includes an individual PAGA claim. The Court of Appeal reversed the trial court and directed the trial court to enter a new order (1) compelling the parties to arbitrate plaintiff’s individual PAGA claim and (2) staying the representative PAGA claim portion of the lawsuit. (C.A. 2nd, December 30, 2024.)
Mediation, Arbitration and Referee Services
I help attorneys and their clients throughout California as a mediator, arbitrator and referee at ADR Services, Inc. I handle business, commercial, employment, insurance, probate, real property, and tort cases. I've represented both plaintiffs and defendants in the above areas, I've been a member of the American Board of Trial Advocates (ABOTA) since 1995, I've tried over 100 cases, and I'm a past president of the San Diego County Bar Association and the San Diego Chapter of ABOTA. To schedule a new matter, please contact one of my case managers at ADR services, Inc.:
Haward Cho, [email protected], (213) 683-1600, or
Rachael Boughan, [email protected], (619) 233-1323
When you conduct a half-day or full-day private mediation or arbitration with me you'll get a
1-year subscription (a $2,385 annual value) to my unique civil case summary publication California Case Summaries™.
California attorneys can win more cases by always easily knowing the new published cases in their practice areas with this invaluable case summary publication providing one-paragraph case summaries, organized by legal topic, of every new civil case published by California courts in monthly issues, quarterly issues and an annual issue in early January each year. Individual Attorney and Law Firm Unlimited Multi-user (substantially discounted compared to buying individual subscriptions for each lawyer in the firm) subscriptions are available.
There are two ways to subscribe to California Case Summaries™:
1. Conduct one half-day or full-day private mediation or arbitration with Monty McIntyre at ADR Services to get a free 1-year subscription (a $2,385 annual value). To schedule a mediation with Monty McIntyre at ADR Services, Inc., contact Monty's case managers:
Rachael Boughan, [email protected], (619) 233-1323, or
Haward Cho, [email protected], (213) 683-1600.
2. Pay for one of the several paid subscription options. To see the options and subscribe,
click here.
To Join My Email List and get Free summaries of the new civil cases published by the California Supreme Court in 2024, click here.
Every month I interview outstanding plaintiff attorneys, defense attorneys, or trial judges who are members of the American Board of Trial Advocates about what works, and what doesn’t work, in civil jury trials. Listening to Trial Alchemy™ is a great way for civil attorneys, whether they’ve tried no cases or many cases, to learn from civil jury trial experts. To listen on Spotify, click here. To listen on Apple Podcasts, click here. To watch and listen on YouTube, click here.
Until my next blog post, do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
ABOTA Member Since 1995
Past President: San Diego County Bar Assn.
Past President: SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
Mediation, Arbitration and Reference ServicesÂ
To schedule a matter, contract Monty's case managers at ADR services, Haward Cho, [email protected], or Rachael Boughan, [email protected], (619) 233-1323.
Master Lawyer Mentoring™ Services
Email [email protected]Â or call Monty at (619) 990-4312.
California Case Summaries™
Always know the new civil case law in your practice areas to get a competitive advantage and win more cases. Subscribe today:
Individual, click here.
Law firm, click here.
