On June 9, 2022, the California Court of Appeal, 4th District, issued its decision in Hargrove v. Legacy Healthcare, Inc., No. E076240, 2022 WL 2071982 (Cal. Ct. App. June 9, 2022), which affirmed a trial court decision dismissing a Private Attorneys General Act (PAGA) lawsuit for lack of a proper plaintiff and denying leave to substitute a different plaintiff. The decision highlights the necessity of exhausting administrative remedies as a prerequisite to bringing a PAGA claim, and explains an important limitation of a ruling by the court earlier this year.
PAGA requires an allegedly aggrieved employee to provide written notice of his or her claims to the Labor & Workforce Development Agency (LWDA) before filing a civil lawsuit so that the state agency may decide in the first instance whether to investigate the alleged violations. Cal. Lab. Code ' nbsp;2699.3. Only...
