The California Supreme Court has issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether Private Attorneys General Act (PAGA) claims can be dismissed as unmanageable. The Court affirmed a lower court’s decision, holding that “trial courts lack inherent authority to strike PAGA claims on manageability grounds”—that is, trial courts may not “dismiss [them] with prejudice.” Slip op. at 1-2. In
motion to dismiss
FLSA Claims Were Properly Dismissed At Pleadings Stage
Landers v. Quality Communications, Inc., 771 F.3d 638 (9th Cir. 2014)
Greg Landers, who was employed as a cable services installer, brought suit individually and on behalf of other similarly situated persons, alleging that Quality failed to pay him and the other employees minimum and overtime wages in violation of the Fair Labor Standards Act (“FLSA”). The district court granted Quality’s motion to dismiss…
Wrongful Termination Claim Based Upon Workers’ Compensation Filing Was Properly Dismissed
Dutra v. Mercy Med. Ctr. Mt. Shasta, 209 Cal. App. 4th 750 (2012)
Michelle Dutra sued Mercy Medical Center for wrongful termination in violation of public policy based upon Cal. Labor Code § 132a (prohibiting discrimination against an employee who has filed a workers’ compensation claim). After a jury was selected, the trial court granted Mercy’s motion to dismiss on the ground that the…