Nickson v. Shemran, Inc. , 90 Cal. App. 5th 121 (2023) Summary A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement. Facts In 2021, Plaintiff Blaine Nickson filed a single-count California Labor Code Private Attorneys General Act (“PAGA”) complaint against Defendant Shemran, Inc. and “Baron’s Market,” a fictitious business name under which Defendant operated grocery stores. Plaintiff alleged he was an hourly, non-exempt employee and that Defendant and “Baron’s Market” violated certain wage-and-hour provisions of the Labor Code. Plaintiff sought civil penalties on behalf of himself and other aggrieved employees. Defendant moved to compel arbitration. The trial court denied the motion to compel arbitration, citing Iskanian v. CLS Transportation Los Angeles, LLC , 59 Cal. 4th 348 (2014), as controlling law. Defendant appealed. During the pendency of the appeal, the United States Supreme Court held in Viking River Cruises, Inc. v. Moriana , 142 S.Ct. 1906 (2022), that the Federal Arbitration Act preempts Iskanian in part. Court’s Decision The California Court of Appeal reversed the order denying the motion to compel arbitration with directions to enter a new order granting the […]
