Herrera v. Doctors Med. Ctr. of Modesto, Inc., No. F080963, 2021 Cal. App. LEXIS 646 (Ct. App. Aug. 5, 2021)

Following Esparza v. KS Industries, L.P. (2017) 13 Cal.App.5th 1228, this decision holds that an employee cannot be compelled under a predispute arbitration clause to arbitrate a PAGA claim.  The FAA does not preempt this rule.  The employer failed to show that the employee who filed the suit was employed under a collective bargaining agreement so the LMRA  301 did not preempt California law either.