Livingston

BACKGROUND

Plaintiff was employed as a “Player-Host” at a golf course operated by defendant. Plaintiff signed an arbitration agreement (“Agreement”) with defendant on December 16, 2021. The part of the Agreement at issue is included in the section entitled, “Claims Not Covered by this Agreement”; it reads as follows. (B) “ . . . Claims under the Private Attorneys General Act of 2004 (“PAGA”) . . . are also excluded from this Agreement to the extent that the operative law at the time a PAGA claim is made precludes a pre-dispute waiver of the right to bring such claims on a representative basis. If the operative law provides that pre-dispute waivers of the right to bring PAGA claims on a representative basis are enforceable, then

“An individual PAGA claim is the component of a PAGA claim that seeks civil penalties based on Labor Code violations sustained by the plaintiff. [Citations.] A nonindividual [or representative] PAGA claim is the component of a PAGA claim that seeks civil penalties based on Labor Code violations sustained by current and former employees other than the plaintiff. [Citation.]” (Rodriguez v. Packers Sanitation Services LTD., LLC (2025) 109 Cal.App.5th…