Scheiber

I. INTRODUCTION

Plaintiff Justin Scheiber filed a complaint against his former employer, defendant Shoe Palace Corporation, for failure to pay all wages owed among other claims. Plaintiff brought the claims in his individual capacity and also on behalf of a class of current and former employees. He also alleged a representative claim under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.). Defendant filed a motion to dismiss or, in the alternative, to stay proceedings and compel arbitration. The trial court granted in part the motion to compel arbitration. The court determined that plaintiff had waived his class claims, that his individual claims had to be arbitrated, and that his representative PAGA claim would be litigated in court. The court ordered the arbitration of plaintiff’s individual claims to be stayed pending litigation of the PAGA claim in court. On appeal, defendant contends that the trial court erred by staying the arbitration of plaintiff’s individual claims and allowing plaintiff’s representative PAGA claim to proceed in court first. Defendant argues that the arbitration of the individual claims should take place before the…