LaFace

INTRODUCTION

Decedent Jill LaFace filed a representative action against Ralphs Grocery Company under the Private Attorneys General Act (Lab. Code, § 2698, et seq. (PAGA)) seeking civil penalties for alleged violations of workplace seating requirements. Following a bench trial, the superior court entered judgment in favor of Ralphs. We affirmed the judgment. (See LaFace v. Ralphs Grocery Co. (2022) 75 Cal.App.5th 388 (LaFace).) Following the trial, the court awarded costs to Ralphs in the amount of $193,857.98. LaFace appealed. LaFace died while this appeal was pending, before the opening brief was filed. LaFace’s counsel has not attempted to substitute LaFace’s personal representative or successor in interest into the case. Ralphs moved to strike the opening brief and requested that we dismiss the appeal because there is no appellant. We agree, and therefore grant Ralphs’s motion to strike the opening brief and dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

LaFace worked as a cashier at a store owned by respondent Ralphs Grocery Company. She brought a PAGA action against Ralphs on behalf of herself and other current and former Ralphs cashiers, alleging that Ralphs…