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Labor/Employment,
Civil Litigation

Jul. 11, 2022

The Estrada decision on review: What to do with “unmanageable” PAGA claims?

In enacting legislation like PAGA, the legislature can override courts’ inherent authority to manage their dockets and require that the courts try difficult and involved cases, even where the defendant proposes a lengthy trial plan.

Ashleigh A. Musser

Associate
GibbsLawGroup LLP

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California’s Private Attorneys General Act (PAGA) is a unique statute, which deputizes employees to stand in the shoes of the state to collect civil penalties normally only collectable by the state. Cal. Lab. Code § 2699 et seq. It is designed to serve a deterrent purpose by imposing substantial penalties on labor code violations to ensure employers follow the law.

The California Supreme Court has granted review of Estrada (Estrada v. Royal...

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