California Supreme Court Watch

Aug 10, 2022
Wing v. Chico Healthcare & Wellness Centre, LP, S274939.

#22-226 Wing v. Chico Healthcare & Wellness Centre, LP, S274939. (B310232; 78 Cal.App.5th 22; Los Angeles County Superior Court; BC719077.) Petition for review after the Court of Appeal affirmed an order denying a petition to compel arbitration in a civil action.

Petition for review granted; briefing deferred: 8/10/2022

“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, ยงยง 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.”

Transferred to CA 2/5 after hold: 9/13/2023

See the Court of Appeal Opinion.