LEEPER v. SHIPT (2025)

Review is ordered on the court's own motion.

The issues to be briefed and argued are limited to the following: 1.) Does every Private Attorneys General Act (Lab. Code, § 2698 et seq.) (PAGA) action necessarily include both individual and non-individual PAGA claims, regardless of whether the complaint specifically alleges individual claims? 2.) Can a plaintiff choose to bring only a non-individual PAGA action?

For the purposes of briefing and oral argument, Christina Leeper is deemed the petitioner in this court. (Cal. Rules of Court, rule 8.520(a)(6).)

Pending review, the opinion of the Court of Appeal, which is currently published at (2024) 107 Cal.App.5th 1001, 328 Cal.Rptr.3d 632, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)

The requests for an order directing depublication of the opinion in the above-entitled appeal are denied.

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.