Civil Litigation,
Labor/Employment,
California Supreme Court
Jul. 19, 2012
Duran, due process and PAGA
Duran will likely provide guidance on the proper way to construct a viable trial plan for class action and PAGA claims.
Fraser A. McAlpine
Colorado Coll; Colorado Springs CO
In Arias v. Superior Court, 209 P.3d 923 (2009), the state Supreme Court addressed the issue of whether due process required that all claims brought under the Labor Code Private Attorneys General Act of 2004, California Labor Code Sections 2698-2699.5, be filed as class actions. The due process issue in Arias concerned the risk of multiple lawsuits in which judgments in favor of the defendant would not be binding against non-parties, but a judgment against the defendant would...
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