An order compelling arbitration of an employee’s individual claims, dismissing his class claims, and staying his PAGA claims is not appealable. Orders compelling arbitration are generally not appealable. The death knell doctrine does not save this appeal because the appealed order does not amount to a de facto judgment against the absent class members’ claims since their PAGA claims remain pending. Also, the continued existence of the PAGA claims gives the plaintiff adequate incentive to continue prosecuting the action to a final judgment.
California Court of Appeal, First District, Division 5 (Simons, J.); July 26, 2016 (modified & published August 17, 2016); 2016 WL 4386166