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Johnson v. Maxim Healthcare Services, Inc. (CA4/1 D077599 7/21/21) PAGA/Time-Barred Individual Claim/Representative Claim 

Labor and Workforce Development Agency LogoGina Johnson filed a lawsuit against her employer, Maxim Healthcare Services, Inc. (Maxim), under the Private Attorney General Act of 2004 (PAGA) (Lab. Code, § 2698, et seq.).  The superior court sustained Maxim’s demurrer to complaint, finding that Johnson’s individual claim was time-barred.  The court subsequently dismissed Johnson’s suit with prejudice.  Relying on Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73 (Kim), we reverse. In short, under Kim, supra, 9 Cal.5th 73, Johnson has standing to bring the subject PAGA claim. Additionally, she alleged in the operative complaint that Maxim had violated section 432.5 during the applicable statute of limitations, subjecting the company to penalties under PAGA. As such, the superior court erred in sustaining the demurrer without leave to amend. Johnson has stated a valid cause of action under PAGA against Maxim.