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Filing Of Amicus Brief In Highly-watched PAGA Case

Call & Jensen attorneys Julie Trotter, Jamin Soderstrom, and Delavan Dickson recently served as counsel for three of the nation’s largest business associations in filing an amicus brief with the California Supreme Court: the Retail Litigation Center (representing the Retail Industry Leaders Association), the California Retailers Association, and the California Grocers Association. The case,Williams v. Superior Court (Marshalls), involves a dispute over the appropriate scope of discovery in an employee action brought under the Private Attorneys General Act (PAGA), the trial court’s power to manage discovery, and the privacy rights of non-party employees. Arguing as counsel for Amici Curiae in support of Marshall’s, Call & Jensen urged the High Court to affirm the lower court and hold that trial courts possess substantial discretion to manage discovery in a PAGA action, including by phasing or sequencing discovery that involves other employees’ private information. The brief also highlighted abuses of the PAGA statute, emphasized the practical effect a reversal would have on California employers, and questioned the perverse incentives involved with “PAGA-only” cases.