New CA PAGA Employment Case
New CA PAGA Employment Case
How much detail about other aggrieved employees must
a PAGA plaintiff include in the prelitigation notice?
Last month, the Second District Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
Ibarra v. Chuy & Sons Labor, Inc. (2024) _ Cal.App.5th _ , 2024 WL 3037693: The Court of Appeal reversed the trial court’s order granting defendants’ motion for judgment on the pleadings in plaintiff’s action alleging a Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.) on behalf of herself and other and all current and former non-exempt aggrieved employees of defendants in the State of California. The trial court granted the motion for judgment on the pleadings, concluding that plaintiff’s prelitigation notice to her employers and the Labor Workforce and Development Agency was deficient under Labor Code section 2699.3 because it did not clearly define the aggrieved employees. The Court of Appeal disagreed, concluding that nothing in the plain text of section 2699.3 expressly required a PAGA plaintiff to define aggrieved employees in the prelitigation notice, and it declined to read a requirement into the PAGA statute that did not appear therein. So long as the PAGA plaintiff provides facts and theories to support that alleged wage and hour violations were committed against them, and includes nonfrivolous allegations that other employees were similarly subjected to such practices, the notice is sufficient. (C.A. 2nd, June 18, 2024.)
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.
Until my next blog post, do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Civil Trial Attorney
Master Lawyer Mentoring™
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
