• Posts by Kirk A. Hornbeck
    Posts by Kirk A. Hornbeck
    Counsel

    Kirk has defended clients in dozens of class actions involving employee and consumer claims as well as statewide representative actions brought pursuant to the California Labor Code Private Attorneys General Act of 2004 ...

Time 3 Minute Read

Since the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana in June 2022, trial courts in California have grappled with how to address the non-individual portion of a plaintiff’s PAGA claim that remains in court when a plaintiff’s individual PAGA claim is compelled to arbitration.[1]  Most trial courts have found it appropriate to stay the non-individual portion of the PAGA claim until the arbitration’s conclusion because that outcome would determine whether the employee retains standing to proceed in court.  On July 17, 2023, in the highly anticipated decision of Adolph v. Uber Technologies, the California Supreme Court addressed several questions in the post-Viking River landscape, including the propriety of staying non-individual PAGA claims pending the completion of arbitration. 

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