A Deeper Look At What Uber Is Claiming: Is It Convincing Enough?

A.

First, Uber contends that unless Adolph’s non-individual claims are dismissed, his PAGA action will run afoul of Viking River because he will be permitted to relitigate whether he is an aggrieved employee in court to establish standing even if he has agreed to resolve that issue in arbitration as part of his individual PAGA claim.

In response, Adolph explains that his PAGA action could proceed in the following manner if he were ordered to arbitrate his individual PAGA claim: First, the trial court may exercise its discretion to stay the non-individual claims pending the outcome of the arbitration pursuant to section 1281.4 of the Code of Civil Procedure. Following the arbitrator’s decision, any party may petition the court to confirm or vacate the arbitration award under section 1285 of the Code of Civil Procedure. If the arbitrator determines that Adolph is an aggrieved employee in the process of adjudicating his individual PAGA claim, that determination, if confirmed and reduced to a final judgment (Code Civ. Proc., § 1287.4), would be binding on the court, and Adolph would continue to have standing to litigate his nonindividual claims. If the arbitrator determines that Adolph is not an aggrieved employee and the court confirms that determination and reduces it to a final judgment, the court would give effect to that finding, and Adolph could no longer prosecute his non-individual claims due to lack of standing. (See Rocha v. U-Haul Co. of California (2023) 88 Cal.App.5th 65, 76– 82.)

Uber makes no convincing argument why this manner of proceeding would be impractical or would require relitigating Adolph’s status as an aggrieved employee in the context of his non-individual claims, and we see no basis for Uber’s concern. In any event, Viking River makes clear that in cases where the FAA applies, no such relitigation may occur. (Viking River, supra, 596 U.S. at pp. – [142 S.Ct. at pp. 1923–1925].)