Lawyer Commentary Mondaq United States Court Of Appeal Holds That Exhaustion Of Administrative Remedies Is Procedural, Not Jurisdictional

Court Of Appeal Holds That Exhaustion Of Administrative Remedies Is Procedural, Not Jurisdictional

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On September 12, 2022, the California Court of Appeal, 4th District, issued its decision in Acevedo v. CashCall, Inc., 2022 WL 4129106 (Cal. Ct. App. Sept. 12, 2022), affirming the lower court's decision dismissing a Private Attorneys General Act (PAGA) lawsuit under claim preclusion principles based on a settlement in a substantially similar lawsuit against the same employer. The Court rejected the plaintiff's claim that the prior plaintiff's failure to exhaust administrative remedies invalidated the prior judgment, holding that exhaustion of administrative remedies is a...

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