California Pizza Kitchen motion to strike Private Attorney General Act claims on manageability and judicial estoppel grounds affirmed on appeal
Clients California Pizza Kitchen, Inc.
On February 9, 2015, a Los Angeles Superior Court judge granted Jones Day client California Pizza Kitchen, Inc.'s ("CPK") motion to strike plaintiffs' representative Private Attorney General Act ("PAGA") claims. Plaintiffs asserted PAGA claims for meal, rest, and wage statement violations. After denying two class certification motions, the court struck the PAGA claims as unmanageable. The court also found the PAGA claims were barred by judicial estoppel as plaintiffs attempted to change their legal theories more than 7 years after the cases were initiated. This is the first instance in which a California Superior Court has stricken a PAGA meal, rest or wage statement claim based on manageability grounds. On October 28, 2016, the California Court of Appeal affirmed the order striking the PAGA claims. Following remand, on May 8, 2017, the court dismissed, with prejudice, the remaining individual claims of two plaintiffs based on their failure to bring the matter to trial within 5 years.
Martinez, Lopez v. California Pizza Kitchen, LASS No. BC373758 (Los Angeles Sup. Ct., 5/2011); Hernandez v. California Pizza Kitchen, Case No. BC442231 (Los Angeles Sup. Ct. 5/2011)