Clayborne
Clayborne v. Lithia Motors, Inc.
Opinion
Trial Court Opinion
BACKGROUND
25 On March 24, 2017, Plaintiff filed this employment dispute action against Defendants 26 Lithia Motors, Inc., and Lithia Motors Support Services, Inc., in Fresno Superior Court. (Doc. No. 27 1.) Plaintiff brought both class and Private Attorneys General Act (“PAGA”) claims and 28 individual claims for violation of the Fair Employment and Housing Act (“FEHA”). (Id.) Defendants removed the matter to federal court on April 27, 2017. (Id.) On December 5, 2017, the Court granted Defendants’ motion to compel arbitration and stayed Plaintiff’s remaining claim. (Doc. No. 11.) On December 13, 2019, the parties filed a stipulation to continue the stay on Plaintiff’s PAGA claim pending a California Supreme Court decision. (Doc. No. 35.) On April 17, 2020, the Court lifted the stay following the decision by the California Supreme Court in Kim v. Reins Int'l California, Inc., 9 Cal. 5th 73 (2020). (Doc. No. 38.) On August 7, 2020, Defendants filed a motion to dismiss, which was denied on January 5, 2021. (Doc. Nos. 44 and 50.) On March 23, 2021, the Court issued a scheduling order setting dates only for initial disclosures (April 1, 2021) and…