Lopez Avarado v. Pliego

Court confirmed that Viking River allowed PAGA claims to be split into individual and non-individual claims. (Id. at p. 1118.) However, here, where the FAA does not apply, "'an employee's predispute agreement to arbitrate PAGA claims is not enforceable without the state's consent' . . . - has not been overruled." (Villalobos v. Maersk, Inc. (2025) 114 Cal.App.5th 1170, 1199.) Defendants do not address these arguments in their motion or reply. Thus, because the FAA does not apply, Plaintiff cannot be compelled to arbitrate her individual claim.

Because the Court has determined that there is no existence of an arbitrable issue regarding Plaintiff's individual PAGA claim, the Court will not address the issue of unconscionability. Stay of Proceedings Code of Civil Procedure section 1281.4 provides that if the court has ordered the arbitration of a controversy, it "shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies."¿ (Code Civ.

Proc., Sec. 1281.4.) ¿ Thus, the Court denies Defendants' motion to stay the proceedings.

Conclusion

Defendant's motion to compel arbitration is denied.

Department 516 Hearing Date: September 8, 2026 Case Name: Lopez Avarado v. Pliego Case No.: 26STCV17056 Motion: Motion to be Relieved as Counsel Moving Party: Counsel for Plaintiff Jerry Lopez Alvarado Opposing Party: None Tentative Ruling: The Motion to be Relieved as Counsel is granted. Plaintiff's counsel - Matthew K. Joy - seeks to be relieved as counsel of record for Plaintiff Jerry Lopez Alvarado. No opposition was filed. Counsel Matthew K. Joy has complied with all statutory and procedural requirements.

Thus, the Court grants Counsel Matthew K. Joy's motion to be relieved as counsel. | Home -->)" -->