Jacob

I. INTRODUCTION

This is an appeal from an order denying a motion to compel arbitration. Defendant Western Digital Technologies, Inc. (Western Digital) and defendant Employnet, Inc. (Employnet) were sued by a former employee, plaintiff Jester Jacob, for alleged Labor Code violations. In his sole cause of action under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.),1 plaintiff seeks civil penalties on behalf of himself and on behalf of current and former employees of defendants. Defendants filed a motion to compel arbitration of plaintiff’s “individual PAGA claim” based on a predispute arbitration agreement between the parties. The trial court

1 All further statutory references are to the Labor Code unless otherwise indicated. denied the motion, concluding that plaintiff’s entire PAGA claim “must proceed in court under the [a]greement’s own terms.” On appeal, defendant contends that the trial court erred in denying the motion to compel arbitration of plaintiff’s individual PAGA claim. For reasons that we will explain, we will affirm the order denying arbitration.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. The Complaint In February 2022,…