Dollar Tree Stores v. Superior Court CA4/2

I.

INTRODUCTION

Real parties in interest and plaintiffs Jennifer Gomez and Nicole Johnson

(Plaintiffs) filed this representative action against their former employer, Dollar Tree

Stores, Inc. (Dollar Tree), to recover civil penalties under the Labor Code Private 1 Attorneys General Act of 2004 (PAGA). Plaintiffs’ action seeks recovery for Dollar

Tree not providing its clerks and cashiers with suitable seating at its store checkstands, in

violation of Labor Code section 1198 and section 14 of Industrial Welfare Commission

Wage Order 7-2001, section 14 (suitable seating claim).

Dollar Tree filed a motion for summary adjudication (MSA) of Plaintiffs’ PAGA

suitable seating claim on the ground it was barred under the doctrine of claim preclusion

based on an order approving a settlement agreement (Settlement Agreement) and 2 judgment of dismissal in the prior action of De La Cruz v. Dollar Tree Stores, Inc.

(DLC). The trial court denied Dollar Tree’s MSA, finding the suitable seating claim was

not barred. Dollar Tree filed a petition for writ of mandate seeking to set aside the trial

court’s ruling denying its MSA. This court directed Plaintiffs to show cause why the…