California Lawyer AttorneyIsidro Miranda (appellant) appeals from the trial court’s order compelling him to arbitrate his individual claim under the Labor Code Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.) and dismissing his representative PAGA claim.  In the published portion of this opinion, we conclude that the “death knell” doctrine, which provides an exception to the one final judgment rule when an order allows a plaintiff to pursue individual but not class claims, applies to representative claims as well.  In the unpublished portion we agree with appellant that a California Supreme Court opinion issued after the appealed-from order requires reversal.

The relevant facts are undisputed. Appellant is a former employee of Anderson Enterprises, Inc.; Andy Hansen is the company’s general manager. During his employment, appellant signed an “Alternative Dispute Resolution Policy” by which he, among other things, agreed to arbitrate all employment claims and waived the right to arbitrate claims as a class or collective action.

In February 2013, appellant filed the instant class action lawsuit against respondents asserting various wage and hour claims, including a PAGA claim. Respondents filed a petition to dismiss appellant’s class and representative claims, compel arbitration of his individual claims, and stay the superior court proceedings.

In September 2013, the trial court granted respondent’s petition. The trial court found the arbitration agreement valid and enforceable, dismissed appellant’s class and representative claims without prejudice based on the arbitration agreement’s waiver, directed appellant to arbitrate his individual claims, and stayed the superior court proceedings pending completion of the arbitration of appellant’s individual claims.

On appeal, appellant challenges the trial court’s order only with respect to his representative PAGA claim, arguing it is contrary to a subsequently-issued California Supreme Court opinion, Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348. We agree.

The case is Miranda v. Anderson Enterprises (CA1/5 A140328 10/15/15) 

Rose Law attorneys represent employee-claimants under the Labor Code Private Attorneys General Act in individual, class, and representative actions in all California and federal courts. Call our Sacramento-based law office at 1-800-456-3767 for a case evaluation by an employment lawyer.

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