Young

Young v. REMX, Inc. CA1/3

Bad Law
2 Cal. App. 5th 630·2016 Cal. App. LEXIS 699·206 Cal. Rptr. 3d 711
Court of Appeal of CaliforniaJuly 26, 2016A143786California1,827 words

Opinion

Opinion

Simons, J.

this wage and hour lawsuit, plaintiff Vanessa Young appeals from the trial court’s order compelling arbitration of her individual claims, dismissing her class claims, bifurcating her representative claim pursuant to the Labor Code Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.), and staying the PAGA claim pending completion of the arbitration on her individual claims. We conclude the order is nonappealable because we reject appellant’s argument that the “death knell” doctrine applies in these circumstances. The appeal is dismissed.

BACKGROUND

Plaintiff’s operative first amended complaint (complaint) alleges that, after her employment with defendants terminated, defendants failed to timely pay her all of her final wages. The complaint asserts, on behalf of plaintiff and a putative class, a cause of action for this failure under Labor Code sections 201 through 203. The complaint also asserts a representative PAGA claim seeking civil penalties on behalf of plaintiff and other aggrieved employees.

Defendants filed a motion to compel individual arbitration, dismiss plaintiff’s class claims, and bifurcate and stay the PAGA claim. In support of the…

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