On November 8, 2023, the California Supreme Court heard oral argument in Estrada v. Royalty Carpet Mills, Inc., a case that could have profound implications for the future of Private Attorneys General Act (PAGA) litigation.  The Court granted review in order to decide whether courts have the power to strike or limit PAGA claims that would prove to be unmanageable at trial.

A prior case, Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021), held that trial courts have inherent authority to strike or limit PAGA claims that could not otherwise be made manageable.  Just a few months later, the Court of Appeal in Estrada disagreed, concluding that while a court could limit the presentation of evidence to ensure a manageable trial (which could make it difficult for the plaintiff to prove widespread violations), courts had no authority to strike or limit PAGA claims before trial.  Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022).

When the California Supreme Court granted review in Estrada, court watchers would be forgiven for assuming that a total victory for the plaintiffs was a foregone conclusion.  For over a decade, the Supreme Court cases that have largely defined PAGA jurisprudence—Adolph, Kim, Williams, Iskanian, and Arias—have almost uniformly been decided in the plaintiffs’ favor.

To be sure, the Court does appear poised to rule that trial courts lack the authority to strike PAGA claims based on manageability concerns.  Multiple justices asked questions indicating skepticism about the purported source of this authority, and they suggested that less drastic measures could protect defendants’ due process rights and ensure the proper functioning of courts.  Indeed, defense counsel conceded that striking a claim may be a remedy reserved for “rare” cases, such as where the plaintiff refuses to engage in the process of determining a manageable trial plan.

However, several justices seemed to have serious reservations about denying trial courts the ability to limit PAGA claims to ensure manageability.  As Justice Groban stated pointedly, “Some of us are concerned” about a situation where (in his example) multiple Labor Code violations are alleged, hundreds or thousands of employees are at issue, and different work sites and different types of employees are at issue (everyone from janitors to accountants).  Justice Groban asked why, in that case, the court could not say, “We can’t have the janitors and accountants in one trial.  I’m going to limit it to the accountants.”

Other justices raised similar concerns.  Even Justice Liu—who authored the Iskanian and Adolph decisions and has been perhaps the Court’s most vocal critic of employers’ positions in PAGA cases—seemed to acknowledge that in extreme cases, courts may need recourse if manageability concerns threaten to overwhelm the proper functioning of the judiciary.

Estrada may not be the end of the story, because a decision that trial courts may limit (but not strike) PAGA claims will likely just raise additional questions to be further hashed out in the lower courts.  One obvious question that appears outside the scope of review in Estrada is what test trial courts should apply when determining whether a case requires judicial intervention in order to be made “manageable.”  Other questions may include when in the proceedings trial courts may decide a case is unmanageable as pled, and what demands trial courts should make on PAGA plaintiffs to demonstrate manageability (such as presenting a written trial plan).

The Court must issue its decision within 90 days (i.e., by February 2024), but could choose to rule sooner.  Employers will need to keep their fingers crossed in the meantime, and of course, could still be disappointed.  However, Wednesday’s argument should provide employers some hope that they have at least fought plaintiffs to a draw on the manageability issue.

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including…

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.

Photo of Philippe A. Lebel Philippe A. Lebel

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, defamation, trade secrets, and breach of contract litigation, in both the single-plaintiff and class- and/or representative-action context, at both the trial and…

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, defamation, trade secrets, and breach of contract litigation, in both the single-plaintiff and class- and/or representative-action context, at both the trial and appellate level, and before administrative agencies.

In addition to his litigation work, Phil regularly advises clients regarding compliance with federal, state and local employment laws, and assists a variety of companies and financial firms in evaluating labor and employment issues in connection with corporate transactions. Phil also has experience assisting employers with sensitive employee investigations and trainings.  Phil also represents employers in connection with labor law matters, such as labor arbitrations and proceedings before the National Labor Relations Board.

Phil has assisted clients in a wide array of sectors including in the biotech, education, entertainment, financial services, fitness, healthcare, high-tech, legal services, manufacturing, media, professional services, sports, and staffing industries, among others.

Phil regularly speaks on emerging issues for employers and has been published or quoted in Law360, the Daily JournalThe Hollywood ReporterBusiness Insurance, and SHRM.org regarding a variety of labor and employment law topics.

During college, Phil worked on political campaigns in Atlanta, Georgia and Birmingham, Alabama, and was an intern with the National Gay and Lesbian Task Force and the Gay and Lesbian Victory Fund. Phil is a former member of the Board of Directors of the AIDS Legal Referral Panel.

Photo of Dixie Morrison Dixie Morrison

Dixie Morrison is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She is a member of the Discrimination, Harassment, & Title VII and the Labor-Management Relations practice groups.

Dixie assists clients across a…

Dixie Morrison is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She is a member of the Discrimination, Harassment, & Title VII and the Labor-Management Relations practice groups.

Dixie assists clients across a variety of industries in litigation and arbitration relating to wrongful termination, discrimination, harassment, retaliation, wage and hour, trade secrets, breach of contract, and whistleblower matters in both the single-plaintiff and class and collective action contexts. She also maintains an active traditional labor and collective bargaining practice and regularly counsels employers on a diverse range of workplace issues.

Dixie earned her J.D. from Harvard Law School, where she was the Executive Editor of Submissions for the Journal of Sports and Entertainment Law. Dixie received her B.A., magna cum laude, from Pomona College. Prior to law school, she served as a labor and economic policy aide in the United States Senate.

Photo of Jonathan Slowik Jonathan Slowik

Jonathan Slowik is a special counsel in the Labor Department and a member of the Employment Litigation & Counseling Group.

Photo of Gregory Knopp Gregory Knopp

Gregory (Greg) Knopp is a partner in the Labor & Employment Law Department in the Los Angeles office.

Greg defends companies in class and collective actions and other complex disputes. He has argued successfully before state and federal courts across the country and…

Gregory (Greg) Knopp is a partner in the Labor & Employment Law Department in the Los Angeles office.

Greg defends companies in class and collective actions and other complex disputes. He has argued successfully before state and federal courts across the country and has obtained dismissals of class actions in dozens of high-profile, highly consequential matters.

Greg’s clients range from entertainment companies to prominent retailers to professional sports leagues. He has also worked with financial services and other professional services firms, along with clients in the technology, transportation and healthcare spaces. All look to Greg for his ability to quickly spot legal issues and to determine strategies to maximize advantage.

With more than 20 years of experience in employment litigation, Greg has represented clients in a wide range of employment disputes involving wage and hour issues, issues specific to California employment law, sexual harassment, and arbitration compulsion.