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Uber Is Doing Everything They Can to Get Out of This Lawsuit, But It's Not Workingby@legalpdf
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Uber Is Doing Everything They Can to Get Out of This Lawsuit, But It's Not Working

by Legal PDF: Tech Court CasesFebruary 2nd, 2024
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Next, Uber contends that a PAGA plaintiff must have a “financial stake in the outcome of the case” and that if an arbitrator grants an award to the plaintiff based on his or her personally sustained violations, the plaintiff loses standing to litigate non-individual claims because he or she has no financial stake in those claims.

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ERIK ADOLPH vs. Uber Court Filing, retrieved on July 17, 2023, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This is part 11 of 15.

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Next, Uber contends that a PAGA plaintiff must have a “financial stake in the outcome of the case” and that if an arbitrator grants an award to the plaintiff based on his or her personally sustained violations, the plaintiff loses standing to litigate non-individual claims because he or she has no financial stake in those claims.


For purposes of standing, however, the statute does not require a PAGA plaintiff who has alleged one or more personally sustained violations to seek civil penalties for those violations in the same forum as the litigation of non-individual claims.


As the Attorney General observes in his amicus curiae brief, “it is not the promise of economic recovery — in court or elsewhere — that gives an aggrieved employee standing to pursue PAGA claims based on violations committed against other workers.”


We agree with Adolph that “it is plaintiff’s status as an aggrieved employee, not the redressability of any injury the plaintiff may have suffered, that determines the availability of PAGA standing.”


The Legislature clearly delineated PAGA’s standing requirements, and “ ‘ “ ‘[w]here the words of the statute are clear, we may not add to or alter them to accomplish a purpose that does not appear on the face of the statute or from its legislative history.’ ” ’ ” (Kim, supra, 9 Cal.5th at p. 85.)


We also note that a PAGA plaintiff compelled to arbitrate individual claims may have a personal stake in the litigation of non-individual claims. For instance, PAGA has a provision for recovery of attorney’s fees and costs. (§ 2699, subd. (g)(1).)


This provision may help plaintiffs secure representation by enticing attorneys to take cases they might not have if limited to recovering fees and costs for individual claims alone.


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About HackerNoon Legal PDF Series: We bring you the most important technical and insightful public domain court case filings.


This court case S274671 retrieved on September 22, 2023, from courts.ca.gov is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.