Labor/Employment
Mar. 18, 2022
Courts should dismiss PAGA suits when plaintiff isn’t competent
Let’s say a PAGA plaintiff has a past felony conviction for armed robbery or is going to be incarcerated during the pendency of the PAGA action as a result of a felony conviction. Can this plaintiff represent the state of California in a PAGA lawsuit?
In a Private Attorneys General Act action, an employee brings a representative action as an agent of the state's labor law enforcement agencies. An interesting legal question is whether a court has discretion to dismiss a PAGA lawsuit when the plaintiff is not competent, similar to how in a class action a court has discretion to refuse to certify a class when the named plaintiff is inadequate.
Let's say a PAGA plaintiff has a past felony co...
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