Sorokunov v. NetApp, Inc. (CA1/4 A171964 3/3/26) Arbitration | PAGA – Employment Law Weekly

Sorokunov v. NetApp, Inc. (CA1/4 A171964 3/3/26) Arbitration | PAGA

Plaintiff Alexander Sorokunov sued his former employer NetApp, Inc. (NetApp), alleging various violations of the Labor Code.  He also sought civil penalties and wages pursuant to the Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.) (PAGA).  The trial court granted NetApp’s petition to compel arbitration of Sorokunov’s individual claims, and following the arbitration, the arbitrator entered an award in NetApp’s favor on each of those claims.  The trial court then confirmed the arbitration award.  While the arbitration was still pending, the trial court denied Sorokunov’s motion for summary adjudication of his PAGA claim.  After confirmation of the arbitration award, the court granted NetApp’s motion for judgment on the pleadings on the PAGA cause of action on the ground that Sorokunov’s lack of standing as an aggrieved employee was conclusively determined by the arbitration award.  

On appeal, Sorokunov contends the court erred by (1) compelling arbitration of his individual claims; (2) denying his motion for summary adjudication; (3) confirming the arbitration award; and (4) applying the principles of issue preclusion to conclude that he lacked standing to pursue the PAGA claims.  We affirm the judgment.

https://www4.courts.ca.gov/opinions/documents/A171964.PDF

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