California Supreme Court holds plaintiffs required to arbitrate individual Private Attorneys General Act (“PAGA”) claims maintain standing for representative PAGA claims in court—but representative claims should be stayed pending resolution of individual claims in arbitration

The California Supreme Court recently rejected the U.S. Supreme Court's interpretation of standing under the Private Attorneys General Act  (PAGA). In Adolph v. Uber Technologies, Inc., 532 P.3d 682 (Cal. 2023), the Court held that if a plaintiff asserts both individual and representative PAGA claims in court and is compelled to arbitrate his individual claims, that plaintiff retains his standing to litigate the representative claims in court.  The Court also suggested that while an individual claim is being arbitrated, the representative claim should be stayed.