California Case Summaries: September 2019

California Case Summaries™:
A free summary of a new civil case published in September is provided below.

Forty three new civil and family law cases published in California in September 2019. I provide short case summaries, organized by legal topic,  to help California lawyers easily keep up with the new case law.

California Case Summaries
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CALIFORNIA SUPREME COURT

Employment 

ZB, N.A. v. Superior Court (2019) _ Cal.5th _ , 2019 WL 4309684: The California Supreme Court affirmed the judgment of the Court of Appeal ordering the trial court to deny a motion to compel arbitration, but for different reasons. Plaintiff filed an action under the Private Attorneys General Act of 2004 (PAGA; Labor Code, section 2698 et seq.) seeking civil penalties under Labor Code section 558. The California Supreme Court ruled that Labor Code section 558 has no private right of action, and employees cannot recover the unpaid wages described in section 558 in a PAGA claim. Because the amount for unpaid wages was not recoverable under the PAGA, and section 558 did not otherwise permit a private right of action, the trial court should have denied the motion to compel arbitration. On remand, the trial court may consider striking the unpaid wages allegations from plaintiff’s complaint or permitting her to amend the complaint. (September 12, 2019.)

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Monty A. McIntyre, Esq.
Mediator, Arbitrator and Referee at ADR Services, Inc.
Publisher of California Case Summaries™
California Trial Lawyer Since 1980
Member of ABOTA Since 1995
Past President of the SDCBA and the San Diego Chapter of ABOTA