Provost v. Yourmechanic, Inc., No. D076569 (D4d1 Oct. 15, 2020)
Defendant here tried to compel arbitration over the issue whether plaintiff was an “aggrieved employee” with standing to bring a PAGA representative action. Its theory is that plaintiff has both an individual PAGA claim and a representative one, and the former can be arbitrated. The problem with that theory is that it is wrong. All PAGA claims, representative or not, are brought on behalf of the state. And the state has not agreed to arbitrate. End of story.
Affirmed.
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