Kim

Kim v. Reins Int'l Cal., Inc.

Good Law
18 Cal. App. 5th 1052·227 Cal. Rptr. 3d 375
Court of Appeal of CaliforniaDecember 29, 2017B278642California2,336 words

Opinion

lead Opinion

Collins, J.

*1054 INTRODUCTION

Appellant Justin Kim sued his former employer, Reins International California, Inc., alleging individual and class claims for wage and hour violations, and seeking civil penalties on behalf of the State of California and aggrieved employees under Labor Code section 2698 et seq., the Labor Code Private Attorneys General Act of 2004 (PAGA). Reins successfully moved to compel arbitration of Kim's individual claims. While arbitration was pending, Kim accepted an offer to settle his individual claims and dismiss those claims *1055 with prejudice. Reins then moved for summary adjudication on the PAGA claim, asserting that Kim was no longer an "aggrieved employee" because he had dismissed his individual claims against Reins, and therefore he no longer had standing to assert a claim under the PAGA. The trial court granted Reins's motion and entered judgment.

According to the PAGA, " 'aggrieved employee' means any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed." ( Lab. Code, § 2699, subd. (c). 1 ) The question on appeal is whether Kim, after settling and dismissing his individual claims against Reins…

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