Reyes v. Macy's, Inc.

Opinion

POLLAK, J. Plaintiff and respondent Felicia Reyes has moved to dismiss the appeal of defendants Macy’s, Inc., Macy’s West Stores, Inc., and Jan Noll (collectively Macy’s). The appeal is from an order granting Macy’s motion to compel arbitration of plaintiff’s individual claims but denying the request to dismiss class allegations and plaintiff’s claim under the Labor Code Private Attorneys General Act of 2004 (PAGA), Labor Code section 2698 et seq. We shall grant the motion to dismiss the appeal because that portion of the trial court’s order granting Macy’s own motion to compel arbitration of the individual claims is not appealable, and the remainder of the order denying the motion to dismiss representative claims is not a final judgment and, therefore, also is not appealable at this time.

FACTUAL AND PROCEDURAL HISTORY

Plaintiff is currently employed by Macy’s as a sales associate. Her second amended complaint filed on behalf of herself and those similarly situated against Macy’s alleges causes of action for failure to pay overtime wages pursuant to Labor Code section 1194; failure to reimburse for expenses in violation of Labor Code section 2802 and wage order No. 7-2001; and violation of Business and Professions Code section 17200 et seq. The amended complaint also contains a cause of action alleging the violation of numerous Labor Code provisions and seeking “recovery of civil penalties as prescribed by the [PAGA] on behalf of herself and other current and former employees of defendant against whom one or more of the violations of the [1122]Labor Code was committed.” The pleading also alleges individual claims against Macy’s for discrimination, harassment, and retaliation in violation of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.).

In the trial court, Macy’s filed a “motion to compel arbitration on an individual basis, dismiss class allegations, and stay civil action,” asking the court to enforce the parties’ agreement to arbitrate, compel plaintiff to arbitrate individual claims, dismiss class/representative claims and, if the motion were granted, stay the proceedings until arbitration is completed. The order from which the appeal is taken provides: “All of plaintiff’s individual claims are severed and are subject to arbitration. These individual claims are to proceed to arbitration. Plaintiff’s class claims and PAGA claims, and discovery related to those claims, are stayed and shall remain in this court until the individual claims are arbitrated.” Macy’s timely filed a notice of appeal and plaintiff has moved to dismiss the appeal.1