The California Supreme Court issued its opinion in Ramirez v. Charter Communications, affirming in part that the arbitration agreement contained some substantive unconscionability but remanding the case to determine whether the agreement could be salvaged by severing the unconscionable provisions. In doing so, the California Supreme Court clarified its view on the enforceability of
Discovery
PAGA: Trial Court May Limit Scope Of Discovery To Plaintiff’s “Local Claims” Before Plaintiff Makes Showing Of Statewide Practices
In the uncertain world of the California Labor Code Private Attorneys General Act (“PAGA”), employers enjoyed a significant victory in Williams v. Superior Court (Marshalls) (Ct. App. 2d Dist. May 15, 2015), Case No. B259967. In Williams, the California Court of Appeal upheld a lower court order limiting a plaintiff’s request for the names and contact information of other non-exempt employees to those employees in the plaintiff’s work location until after he had “been deposed ‘for at least six productive hours’” regarding the facts supporting his statewide allegations. Williams is a significant limitation on a plaintiff’s ability to impose burdensome discovery obligations on an employer before the plaintiff makes a factual showing that “some reason exists to suspect [the employer’s] local practices extend statewide.”
Continue Reading PAGA: Trial Court May Limit Scope Of Discovery To Plaintiff’s “Local Claims” Before Plaintiff Makes Showing Of Statewide Practices