New Employment/PAGA Case: 8-1-25

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New CA Employment/PAGA Case

Can a plaintiff bring a PAGA representative action if they have dismissed their individual claims?

Last month, the California Court of Appeal decided this important issue:

CRST Expedited, Inc. v. Super. Ct. (2025) __ Cal.App.5th __, 2025 WL 1874891: The Court of Appeal denied the employer defendant’s petition for writ of mandate seeking to overturn the trial court’s order denying defendant’s motion for judgment on the pleadings in plaintiff’s PAGA action alleging no individual claims, only claims on behalf of other employees. The issue was whether Labor Code section 2699 authorizes an aggrieved employee to bring a lawsuit that seeks to recover civil penalties imposed for Labor Code violations suffered only by other employees. After plaintiff dismissed his individual claims, because they had been ordered to arbitration, defendant moved for judgment on the pleadings arguing that plaintiff could not bring PAGA claims for violations suffered only by other employees. The Court of Appel denied the writ petition, concluding that a plaintiff may bring a PAGA action seeking the recovery of civil penalties (1) for the Labor Code violations suffered only by the employee, (2) for the Labor Code violations suffered only by other employees, or (3) both. (C.A. 5th, July 7, 2025.)

Law Practice Tip

If the individual PAGA claims of a representative plaintiff are sent to arbitration, this new published case gives plaintiff attorneys a helpful alternative if they prefer to have their plaintiff client continue to represent the PAGA claims of other employees in a state court action.  

Mediation, Arbitration and Referee Services

Monty McIntyre help attorneys throughout California settle cases as a mediator, decide cases as an arbitrator and decide issues as a referee at ADR Services, Inc. handling business, commercial, employment, insurance, probate, real property, and tort cases. He brings to his ADR work extensive experience as a California civil trial lawyer since 1980 who has represented both plaintiffs and defendants in these areas. Monty has been a member of the American Board of Trial Advocates (ABOTA) since 1995, has tried over 100 civil cases including numerous civil jury trials, is a past president of the San Diego County Bar Association and is a past president of the San Diego Chapter of ABOTA. To schedule a new matter, please contact one of Monty's case managers at ADR services, Inc.:
Haward Cho, [email protected], (213) 683-1600, or
Rachael Boughan, [email protected], (619) 233-1323

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And, when one or two attorneys from the same law firm conduct two half-day or full-day private mediations with Monty McIntyre at ADR Services the law firm will get a free 1-Year Law Firm Unlimited subscription (the firm can send summaries to every attorney) to California Case Summaries™ (with monthly, quarterly and annual case summaries, a $6,500 annual value).

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Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Podcaster: Trial Alchemy™ Learn from Civil Jury Trial Experts.
Publisher: California Case Summaries™ Save Time. Know More. Win More.
ABOTA Member Since 1995
Past President: San Diego County Bar Assn.
Past President: SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]