18 Cited authorities

Iskanian v. CSL Transportation Los Angeles, LLC
59 Cal.4th 348 (Cal. 2014) Cited 724 times 145 Legal Analyses
Holding that arbitration provisions banning class-action litigation or collective arbitration of employment-related claims are enforceable under the NLRA and the FAA's saving clause, but also holding that arbitration provisions banning representative claims under California's Private Attorneys General Act violates that Act
Fremont Indemnity Co. v. Fremont General Corp.
148 Cal.App.4th 97 (Cal. Ct. App. 2007) Cited 362 times
Holding a net operating loss as intangible property
Kim v. Reins Int'l Cal., Inc.
9 Cal.5th 73 (Cal. 2020) Cited 240 times 25 Legal Analyses
Noting that based on Iskanian , California courts have uniformly "rejected efforts to split PAGA claims into individual and representative components"
Williams v. Superior Court
3 Cal.5th 531 (Cal. 2017) Cited 238 times 12 Legal Analyses
Concluding fear of retaliation cuts in favor of "facilitating collective actions so that individual employees need not run the risk of individual suits"
Caliber Bodyworks, Inc. v. Superior Court
134 Cal.App.4th 365 (Cal. Ct. App. 2005) Cited 204 times 6 Legal Analyses
Holding that plaintiffs could not pursue civil penalties for a Section 558 violation without complying with the pre-filing notice and exhaustion requirements of PAGA
Casterson v. Superior Court
101 Cal.App.4th 177 (Cal. Ct. App. 2002) Cited 102 times
In Casterson, the plaintiff asserted section 35330's immunity should not be construed to protect a district's employee for injuries caused by the employee's negligence during the field trip because subdivision (d) did not expressly cover employees, while other provisions of the Education Code limiting liability for personal injuries did expressly cover employees.
Align Technology, Inc. v. Tran
179 Cal.App.4th 949 (Cal. Ct. App. 2009) Cited 80 times
Holding "legislative purpose of former section 439, the predecessor of section 426.30 . . . was to provide for the settlement, in a single action, of all conflicting claims between the parties arising out of the same transaction" and to "avoid a multiplicity of actions"
Brown v. Ralphs Grocery Co.
28 Cal.App.5th 824 (Cal. Ct. App. 2018) Cited 53 times 2 Legal Analyses
Holding that the legislative intent behind PAGA foreclosed the availability of equitable tolling
George v. Auto. Club of South. California
201 Cal.App.4th 1112 (Cal. Ct. App. 2011) Cited 47 times
Applying rule, but finding no ambiguity
Medix Ambulance Service v. Orange County
97 Cal.App.4th 109 (Cal. Ct. App. 2002) Cited 60 times 1 Legal Analyses
Holding plaintiff cannot state FEHA claim against person not named in administrative claim; citing California cases

Order Submitted Matter

18 Cited authorities

Holding a net operating loss as intangible property

Noting that based on Iskanian , California courts have uniformly "rejected efforts to split PAGA claims into individual and representative components"

Concluding fear of retaliation cuts in favor of "facilitating collective actions so that individual employees need not run the risk of individual suits"

Holding that plaintiffs could not pursue civil penalties for a Section 558 violation without complying with the pre-filing notice and exhaustion requirements of PAGA

Holding "legislative purpose of former section 439, the predecessor of section 426.30 . . . was to provide for the settlement, in a single action, of all conflicting claims between the parties arising out of the same transaction" and to "avoid a multiplicity of actions"

Holding that the legislative intent behind PAGA foreclosed the availability of equitable tolling

Applying rule, but finding no ambiguity

Holding plaintiff cannot state FEHA claim against person not named in administrative claim; citing California cases