Call & Jensen Defeats PAGA Action On Summary Judgment
Call & Jensen attorneys Julie Trotter and Morgan Podruski obtained a complete summary judgment victory in a PAGA case filed in the Los Angeles County Superior Court against Citizens of Humanity, LLC. The plaintiff’s PAGA action alleged that Citizens of Humanity, LLC failed to pay its non-exempt employees minimum wages for all hours worked, failed to pay overtime premiums, denied meal and rest periods, did not reimburse business expenses, and failed to provide sick pay, in addition to other derivative causes of action. After approximately a year and a half of litigation, the Court granted Citizens of Humanity’s summary judgment motion because Call & Jensen demonstrated that the plaintiff did not have standing to bring the action because she did not experience a single violation of the Labor Code and therefore was not an “aggrieved” employee under the PAGA statute. Call & Jensen also successfully argued that the plaintiff did not properly give notice of new facts and theories supporting her PAGA claim in her notice letter to the California Labor and Workforce Development Agency, as the Court further granted Citizens of Humanity’s summary judgment motion on this independent basis.