Raines
Raines v. Coastal Pac. Food Distribs., Inc.
Opinion
lead Opinion
Duarte, J.
*670 After defendant Coastal Pacific Food Distributors, Inc. (Coastal Pacific) terminated plaintiff Terri Raines from her employment there, Raines sued Coastal Pacific for age and disability discrimination and other related claims. In addition, she sought recovery, both individually and in a representative capacity under the Private *4 Attorneys General Act of 2004 (PAGA) ( Lab. Code, § 2698 et seq. ), 1 for Coastal Pacific's failure to provide and maintain accurate wage statements as required by section 226, subdivision (a) (section 226(a) and its provisions). Raines appeals from a judgment in favor of Coastal Pacific after the trial court reversed its original ruling denying Coastal Pacific's motion for summary adjudication and instead granted the motion as trial was about to begin.
Raines contends triable issues of fact remain on her individual claim for statutory penalties under section 226, subdivision (e) (section 226(e) and its provisions). Section 226(e) authorizes an "employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a)" to recover damages or statutory penalties. Raines contends there are triable factual…