California Supreme Court to Address Split on Alleged PAGA Manageability
On June 22, 2022, the California Supreme Court granted review in Estrada v. Royalty Carpet Mills, Inc. (2022) 76 Cal.App.5th 685, to resolve a split of authority in separate Court of Appeal regarding whether trial courts can strike allegedly unmanageable Private Attorneys General Act (“PAGA”) claims. The Court will hopefully hear arguments in 2023, but with new COVID, Monkeypox or other …
Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement
Estrada v Royalty Carpet Mills Creates Split of Authority in California Court of Appeal over PAGA Manageability Requirement Motions to strike PAGA claims have been many defense law firms’ favorite “flavor of the year” lately. From holding up a settlement or causing delays in a PAGA trial or worse, forcing your expert witness to testify multiple times to run up …
Unites States Supreme Court Says Title VII Protects Gay Workers
The U.S. Supreme Court handed gay advocates a pivotal win Monday, ruling that a federal law banning gender bias protects workers from discrimination based on sexual orientation and identity. In California, state law expressly prohibits discrimination against any person because of his or her sexual orientation, which means actual or perceived “heterosexuality, homosexuality, and bisexuality.” See the California Fair Employment …
Quintilone & Associates reaches a Class Action settlement with Sprint over Unpaid Wages
In a lawsuit brought by Viet Bui and Christina Avalos-Reyes on behalf of themselves and similarly situated employees known as Viet Bui et al. v. Sprint Corporation, a Sprint Communications Company, L.P., et al., No. 2:14-cv- 02461-TLN-AC, pending before the Honorable Troy Nunley in the United States District Court for the Eastern District of California (the “Action”) Quintilone & Associates …
Lubin v. The Wackenhut Corp. – New Statistical Class Certification Opinion
Sample your way to Class Certification – California’s Second Appellate District holds statistical sampling may be used to certify a class, and also clarification on what constitutes an “injury” for a pay stub claim. On November 21, 2016, California’s Second Appellate District ruled that the used of statistical sampling can be used to certify a class of employees in a …
Nguyen v. Applied Medical – Arbitrator Decides Whether Class Claims Proceed
The Fourth Appellate District, Division Three, recently held in Nguyen v. Applied Medical, that the question of whether an arbitration clause in an employment agreement contemplates class claims is a question for the arbitrator to decide, not the Superior Court. The Class Action Complaint On September 30, 2014, Da Loc Nguyen filed a putative class action complaint against Applied Medical …
Ninth Circuit Holds individual testimony regarding damages does not defeat class certification
The Ninth Circuit recently affirmed the United States District Court’s granting a motion for class certification holding where a complaint alleges a company violated the law in the same way as to each member of a large class of employees, finding class certification is proper. “[T]he need for individual damages calculations does not, alone, defeat class certification.” Vaquero v. Ashley …
Sakkab v. Luxottica Retail – 9th Circuit Holds FAA Does not Preempt Iskanian and PAGA
In a victory over mandatory arbitration, the 9th Circuit panel reversed the United States District Court’s Order granting Luxottica Retail North America’s motion to compel arbitration of claims and dismissing the remainder of plaintiff’s first amended complaint in a putative class action raising class Labor Code claims and a non-class representative claim for civil penalties under the Private Attorney General …
Court Grants Final Approval of Class Action Settlement
In a rare case of a class action brought against a Government entity for California Labor Code violations for failure to reimburse necessary school supplies and expenses under Labor Code section 2802 as well as a breach of written employment contract, on September 22, 2015, Judge John M. Pacheco of the San Bernardino Superior Court Granted Plaintiff Dora Alcaraz’s motion …
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