Cortez v. Doty Bros. Equipment Company
C.A. 2nd; B275255 The Second Appellate District dismissed an appeal and granted in part a petition for writ of mandate. The court held that the death…
September 05, 2017 at 05:30 PM
5 minute read
C.A. 2nd;
B275255
The Second Appellate District dismissed an appeal and granted in part a petition for writ of mandate. The court held that the death knell exception to the one final judgment rule does not apply to the dismiss of class claims when a representative claim under the Labor Code Private Attorneys General Act of 2004 (PAGA) remains pending.
Gabriel Cortez sued former employer Doty Bros. Equipment Company for Labor Code and wage and hour violations on behalf of himself and a putative class of employees and former employees. Cortez's complaint included a related PAGA claim. The trial court granted Doty Bros.' petition to compel arbitration of Cortez's individual claims pursuant to an arbitration provision in the collective bargaining agreement (CBA) governing his employment and severed and stayed his PAGA claim. The trial court later dismissed Cortez' class claims as unauthorized under the CBA.
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