Employment, PAGA Suit, Standing To Bring PAGA Claim After Arbitration Loss On Individual Claims, 1, 11
Following Rocha v. U-Haul Co. of California (2023) 88 Cal.App.5th 65 and not Gavriiloglou v. Prime Healthcare Management, Inc. (2022) 83 Cal.App.5th 595, this decision holds that an arbitration award in the employer’s favor on all of the employee’s individual Labor Code violation claims is issue preclusive barring the employee from proving that he has standing to bring a PAGA claim since standing to bring such a claim is dependent on the plaintiff’s showing that he is a person against whom one or more of the alleged violations of the Labor Code was committed. Gavriiloglou wrongly denied issue preclusion by applying the “separate capacity” doctrine, a limitation on claim, not issue, preclusion.