#25-328 Resendiz v. Canyon Restaurant, Ltd., S293166. (B342091; nonpublished opinion; Santa Barbara County Superior Court; 24CV00190.) Petition for review after the Court of Appeal affirmed an order denying a motion to compel arbitration in a civil action. The court ordered briefing in Neubecker and Resendiz deferred pending decision in Leeper v. Shipt, Inc., S289305 (#25-91), which presents the following issues: (1) Does every Private Attorneys General Act (Lab. Code, ยง 2698 et seq.) (PAGA) action necessarily include both individual and non-individual PAGA claims, regardless of whether the complaint specifically alleges individual claims? (2) Can a plaintiff choose to bring only a non-individual PAGA action?
Petition for review granted; briefing deferred: 11/12/2025
Dismissal order filed: 2/11/2026
“In light of the parties’ notification that the case has settled, and upon their joint request, review in the above-entitled matter is dismissed. (Cal. Rules of Court, rule 8.528(b).) The Court of Appeal is directed to remand the case to the trial court for consideration of settlement approval.”
See the Court of Appeal Opinion.
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