Balderas v. Fresh Start Harvesting CA2/6

Filed 3/20/24 Balderas v. Fresh Start Harvesting CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

STATE OF CALIFORNIA ex 2d Crim. No. B326759 rel. LIZBETH BALDERAS, (Super. Ct. No. 22CVO2246) (Santa Barbara County) Plaintiff and Appellant,

v.

FRESH START HARVESTING, INC.,

Defendant and Respondent.

Lizbeth Balderas appeals an order striking her complaint for civil penalties for violations of the California Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.) on behalf of herself and 500 other current and former employees of defendant Fresh Start Harvesting, Inc. (Fresh Start). The trial court ruled Balderas lacked standing to bring a representative PAGA action on behalf of other employees because she did not allege “an individual claim“ in the action. We conclude Balderas, as an alleged aggrieved employee who was

subject to alleged Labor Code violations by Fresh Start, may bring a “non-individual” or representative PAGA action on behalf of herself and other Fresh Start employees, even though she did not file an individual cause of action seeking individual relief for herself in this action. We reverse. FACTS Lizbeth Balderas was a Fresh Start employee. In June 2022, she filed a complaint for civil penalties under PAGA against Fresh Start. She alleged, “Ms. Balderas is not suing in her individual capacity; she is proceeding herein solely under the PAGA, on behalf of the State of California for all aggrieved employees, including herself and other aggrieved employees.” Balderas claimed that Fresh Start did not provide employees with required meal break periods and rest periods, and that Fresh Start provided inaccurate wage statements, made untimely wage payments, and failed to pay wages at termination. Fresh Start filed a motion to compel arbitration. On its own motion, the trial court gave notice of its intent to strike Balderas’s complaint. It said because she had not filed an individual action seeking PAGA relief for herself, she lacked standing to pursue a “non-individual” or representative PAGA action on behalf of other employees. In Balderas’s opposition to the trial court’s notice of intent to strike her complaint, she wrote that she had “properly filed this action in a purely representative capacity.” (Capitalization & boldface omitted.) She argued the court was incorrectly relying on language from a United States Supreme Court decision that had incorrectly recited California law on PAGA standing. The trial court issued an order striking her pleading.