California Supreme Court Watch

#23-90 Galarsa v. Dolgen California, LLC, S279021. (F082404; 88 Cal.App.5th 639; Kern County Superior Court; BCV-19-102504.) Petition for review after the Court of Appeal affirmed in part and reversed in part an order denying a petition to compel arbitration. The court ordered briefing deferred pending decision in Adolph v. Uber Technologies, Inc., S274671 (#22-204), which presents the following issue: Whether an aggrieved employee who has been compelled to arbitrate claims under the Private Attorneys General Act (PAGA) that are “premised on Labor Code violations actually sustained by” the aggrieved employee (Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. __, __ [142 S.Ct. 1906, 1916] (Viking River Cruises); see Lab. Code, §§ 2698, 2699, subd. (a)) maintains statutory standing to pursue “PAGA claims arising out of events involving other employees” (Viking River Cruises, at p. __ [142 S.Ct. at p. 1916]) in court or in any other forum the parties agree is suitable.

Petition for review granted; briefing deferred: 5/03/2023

Dismissed and remanded to CA 5: 9/13/2023

See the Court of Appeal Opinion.