Leon-Favela

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MICHAEL LEON-FAVELA, Case No. 24-cv-04002-VC

Plaintiff,

ORDER

v. Re: Dkt. No.

TESLA, INC.,

Defendant.

This is a case where the plaintiff seeks PAGA penalties for himself and other similarly situated workers. The parties have stipulated that the plaintiff’s individual claim for PAGA penalties must go to arbitration, and that the representative claim for PAGA penalties must be stayed while the arbitration is pending. The Court is of the tentative view that, although it may currently have jurisdiction over this stayed case while the arbitration is pending (because the plaintiff’s individual claim for PAGA penalties technically remains part of this case while it is stayed) it will lose jurisdiction over the representative PAGA claim once the plaintiff’s individual PAGA claim is adjudicated in arbitration. The Court’s tentative thinking is that if the plaintiff loses in arbitration, that necessarily means he suffered no injury or that any injury he suffered will not be redressable in court. This, in turn, means that this Court would no longer have jurisdiction because the plaintiff would no longer have…