Miscellaneous PAGA Developments

• LaCour v. Marshalls of CA, LLC, 2025 WL 3731034 (Cal. Ct. App. 2025) (Arbitration agreement that existed before Viking River Cruises, Inc. v. Moriana, 596 U.S. 639 (2022) could not result in compelled arbitration of employee’s “individual PAGA claim” because that concept did not exist prior to Viking River opinion).
• Brown v. Dave & Buster’s of Cal., Inc. 116 Cal. App. 5^th 164 (2025) (claim preclusion barred PAGA claim based on settlement of earlier-filed PAGA action).
• Dieves v. Butte Sand Trucking Co., 116 Cal. App. 4^th 1129 (2025) (truck driver’s PAGA claim could be preempted by the Federal Motor Carrier Safety Administration’s 2018 decision barring meal and rest break claims under California law; trial court lacks authority to dismiss PAGA claims on manageability grounds).
• Prime Healthcare Mgmt., Inc. v. Superior Court, 2025 WL 3640781 (Cal. Ct. App. 2025) (trial court’s previous ruling that an arbitration award did not bar former employee’s PAGA claim was law of the case, and subsequent contrary appellate opinions did not constitute intervening controlling law).

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