Becerra

FACTS AND PROCEDURAL HISTORY

Plaintiff California Business & Industrial Alliance is a lobbying group, organized in Washington, D.C., which represents small and midsized businesses in California. While plaintiff’s general purpose is promoting the interests of these businesses, its specific animating purpose is “accomplishing the repeal or reform of PAGA.” In service of that goal, plaintiff sued defendant Xavier Becerra, then California’s Attorney General, in his official capacity, seeking declaratory and injunctive relief. Plaintiff sought a judicial declaration that PAGA was unconstitutional and injunctive relief barring defendant from implementing or enforcing PAGA. 1 Plaintiff’s first amended complaint (the complaint) contains extensive allegations regarding perceived defects in PAGA, both legal and practical. The

1 Defendant demurred to plaintiff’s original complaint, which resulted in the filing of the first amended complaint.

3 complaint begins with a recitation of the background legal principles and sources of authority. In pure legal terms, plaintiff alleges PAGA violates the Eighth Amendment’s prohibition against excessive fines, plaintiff’s members’ Fifth and…