Yuriria Diaz v. MacYs West Stores, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

YURIRIA DIAZ, as an individual and No. 22-56209 on behalf of all others similarly situated, D.C. No. 8:19-cv-00303- Plaintiff-Appellee, PSG-MAA

v.

OPINION

MACYS WEST STORES, INC., DBA

Macy's, AKA Macy's Retail Holdings, LLC, an Ohio corporation,

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, Chief District Judge, Presiding

Argued and Submitted November 17, 2023 Pasadena, California

Filed May 10, 2024 DIAZ V. MACYS WEST STORES, INC.

Before: Jay S. Bybee, D. Michael Fisher, * and Kenneth K. Lee, Circuit Judges.

Opinion by Judge Bybee

SUMMARY **

Arbitration

The panel affirmed the district court’s order compelling arbitration of Yuriria Diaz’s individual California Private Attorneys General Act (“PAGA”) claims, vacated the order to the extent it compels arbitration of her non-individual claims, and remanded to the district court to dispose of the nonarbitrable claims consistent with the California Supreme Court’s decision in Adolph v. Uber…