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March 14, 2016

Landmark Decision: C&J prevails in vanguard PAGA decision

A Los Angeles Superior Court judge granted Call & Jensen’s motion to bifurcate discovery and trial phases in an pending action for wage-and-hour penalties under California’s Private Attorneys General Act (“PAGA”). In granting Call & Jensen’s motion, the court required the plaintiff to conduct discovery and trial on her own penalties claim first before moving to discovery and trial phases regarding other “aggrieved” employees and former employees of a residential property management company. If the plaintiff fails to prove her own claims, she will not be able to proceed with the representative PAGA claims. The decision is a significant one as PAGA is a newer Labor Code provision, practically never litigated to trial in California, and with virtually no precedent in this arena. The C&J team on this case consists of Julie Trotter, Jacqueline Beaumont, and Delavan Dickson.