New CA Employment Case
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Employment
New California cases are constantly deciding new issues arising from the Private Attorneys General Act of 2004 (PAGA). Last month, the First District Court of Appeal published a new case addressing whether the issue of whether the doctrine of exclusive concurrent jurisdiction applies to PAGA cases. A video discussing the case is above and my summary of the case is below.
New Employment Decision
Shaw v. Superior Court of Contra Costa County (2022) _ Cal.App.5th _ , 2022 WL 1400806: The Court of Appeal denied a petition for writ of peremptory mandate seeking to overturn the trial court's order denying petitioners' motion to lift a stay of their representative action under the Private Attorneys General Act of 2004 (PAGA; (Labor Code, section 2698 et seq.). Petitioners conceded that their suit arose from the same facts and theories as another PAGA action pending in Los Angeles. Petitioners filed a petition for judicial coordination (Code of Civil Procedure, section 404) with the Los Angeles PAGA suit. While that motion was pending, the trial court in this action stayed petitioners' suit. After the petition for coordination was denied, petitioners filed a motion to lift the stay which the trial court denied based upon doctrine of exclusive concurrent jurisdiction. The Court of Appeal denied the writ petition, concluding that the trial court had properly concluded that the doctrine of exclusive concurrent jurisdiction applied to PAGA cases and applied to this case. (C.A. 1st, May 4, 2022.)
My California Case Summary™ Publications
California Case Summaries Monthly™: short summaries (one paragraph), organized by legal topic, of every new civil case published California courts every month.
California Case Summaries Quarterly™: short, organized summaries of every new civil case, published by California courts every quarter, with the official case citations.
Annual Practice Area Case Summaries™: Every January, we publish Annual Practice Area case summaries for the areas of Employment, Real Property and Torts with short, organized summaries of every new civil case in each practice area (plus additional important legal topics), with the official case citations.
California Case Summaries Annual™: short, organized summaries of every new civil case published the year before, with the official case citations, published every January.
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Mediation, Arbitration and Referee Services
I help attorneys and their clients as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death via Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.
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Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]