Quintero v. Dolgen California, LLC CA5

California Court of Appeal Mar 7, 2023 No. F083769MUnpublished

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Holding. The court held that an employee's individual PAGA claims must be arbitrated pursuant to the parties' agreement, while representative PAGA claims for violations suffered by other employees may be pursued in court.

Issues

Whether an arbitration agreement can compel the arbitration of individual PAGA claims.
Whether representative PAGA claims for violations suffered by other employees can be pursued in court despite an arbitration agreement.

Disposition. reversed in part and affirmed in part

Quotations verified verbatim against the opinion

“the parties’ agreement requires arbitration of plaintiff’s PAGA claims that seek to recover civil penalties for Labor Code violations suffered by plaintiff.”

“plaintiff’s PAGA claims that seek to recover civil penalties for Labor Code violations suffered by employees other than plaintiff may be pursued by plaintiff in the superior court.”

Filed 3/7/23 Quintero v. Dolgen California, LLC CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

JAZMINE QUINTERO, F083769 Plaintiff and Respondent, (Super. Ct. No. VCU287566) v.

DOLGEN CALIFORNIA, LLC, ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] Defendant and Appellant.

It is hereby ordered that the nonpublished opinion filed herein on February 10, 2023, be modified as follows:

1. On page 2, the following citation is added to the end of the first full paragraph, beginning “Based on Viking River…”

(See Galarsa v. Dolgen California, LLC (Feb. 2, 2023, F082404) __ Cal.App.5th __ [2023 Cal.App. Lexis 129].)

2. On page 4, in the third sentence of the last paragraph, the phrase “Galarsa v. Dolgen California, LLC (Feb. 2, 2023, F082404), which we did not publish because it will soon be superseded by the decision in Adolph” is deleted and replaced with “Galarsa v. Dolgen California, LLC (Feb. 2, 2023, F082404) __ Cal.App.5th __ [2023 Cal.App. Lexis 129]” so the sentence now reads:

“We have already decided that and other issues involving Dollar General’s arbitration agreement in Galarsa v. Dolgen California, LLC (Feb. 2, 2023, F082404) ___ Cal.App.5th __ [2023 Cal.App. Lexis 129].”

Except for the modification set forth, the opinion previously filed remains unchanged. This modification does not effect a change in the judgment.

FRANSON, Acting P. J.

WE CONCUR:

PEÑA, J.

SNAUFFER, J.

Filed 2/10/23 Quintero v. Dolgen California, LLC CA5 (unmodified opinion)

Quintero v. Dolgen California, LLC CA5

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SNAUFFER, J.

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