Moorer

Moorer v. Noble L.A. Events, Inc.

Good Law
244 Cal. Rptr. 3d 219·32 Cal. App. 5th 736
Court of Appeal of CaliforniaFebruary 11, 2019B282631California2,814 words

Opinion

Lead Opinion

Feuer, J.

*221 *738 David Moorer appeals from the March 23, 2017 order denying his request for entry of a default judgment against Noble L.A. Events, Inc. (Noble), and dismissing the case. The trial court denied Moorer's request because Moorer refused to comply with the court's order to distribute 25 percent of the penalties to be allocated under the Labor Code Private Attorney General Act of 2004 ( Lab. Code, § 2698 et seq. (PAGA) ) 1 to the 23 aggrieved employees in a pro rata amount. Instead, Moorer allocated the entire 25 percent to himself. On appeal, Moorer contends a PAGA action is a qui tam action, and therefore, 25 percent of the civil penalties should be distributed to the aggrieved employee who brought the claim. Moorer's position is contrary to the California Supreme Court's rulings interpreting PAGA. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

From August 18, 2013 to late December 2014, Moorer was employed as a full-time security guard and "lobby ambassador" by Noble, which provides security services to other companies. He and other employees provided security services to Apex, The Theatre at Ace Hotel (Ace), and Black Entertainment Television, LLC (BET). On January 14, 2015…

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