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Williams v. Superior Court (Pinkerton Governmental Services, Inc.)

California Court of Appeals, Second District, Fourth Division

June 9, 2015

ANDRE WILLIAMS, Petitioner,
v.
THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent PINKERTON GOVERNMENTAL SERVICES, INC., Real Party in Interest.

ORIGINAL PROCEEDINGS in mandate. Los Angeles County Super. Ct. No. BC497309 William F. Highberger, Judge.

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[Copyrighted Material Omitted]

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COUNSEL

Diversity Law Group, Larry W. Lee and Nicholas Rosenthal for Petitioner.

No appearance for Respondent.

Littler Mendelson, Henry D. Lederman, J. Kevin Lilly; Tharpe & Howell, Sherry B. Shavit, and Jennifer S. McGeorge for Real Party in Interest.

OPINION

MANELLA, J.

INTRODUCTION

Petitioner Andre Williams filed a single-count representative action pursuant to the Labor Code Private Attorneys General Act of 2004, Labor Code section 2699 et seq. (PAGA), alleging that real party in interest Pinkerton Governmental Services, Inc. (Pinkerton) violated various provisions of the

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Labor Code.[1] In response, Pinkerton moved to enforce petitioner’s waiver of his right to assert a representative PAGA claim, or alternatively, for an order staying the PAGA claim, but sending the “individual claim” that petitioner had been subjected to Labor Code violations to arbitration pursuant to a written agreement. The trial court denied the motion to enforce the waiver, but granted the alternative relief. Williams petitioned this court for a writ reversing the trial court’s order, arguing that it violated Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 384 [173 Cal.Rptr.3d 289, 327 P.3d 129] (Iskanian). We agree with the trial court that under Iskanian, the waiver of a right to assert a representative PAGA claim in any forum is unenforceable. However, we ...


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