When Can a PAGA Plaintiff Lose Standing?

G.

Finally, Uber and amicus curiae United States Chamber of Commerce suggest that a PAGA plaintiff subject to an arbitration agreement breaches that agreement by filing suit in court. But if a defendant believes arbitration is required, it is “[t]he party seeking arbitration [that] bears the burden of proving the existence of an arbitration agreement” in court. (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236.)

And even where a plaintiff concedes the applicability of an arbitration agreement, the plaintiff does not breach the agreement by alleging in a complaint that one or more violations were committed against the plaintiff for the purpose of meeting PAGA’s standing requirements.

Several amici curiae have also argued that we should narrow the statute’s standing requirements in order to curb alleged abuses of PAGA. These arguments are best directed to the Legislature, which may amend the statute to limit PAGA enforcement if it chooses.

Our task is to give effect to the statute as we find it. Under the statute, a plaintiff who files a PAGA action with individual and non-individual claims does not lose standing to litigate the non-individual claims in court simply because the individual claims have been ordered to arbitration.