concluding, in an analogous context, that Federal Rule of Civil Procedure 23 and PAGA are “more dissimilar than alike” because “[a] PAGA action is at heart a civil enforcement action filed on behalf of and for the benefit of the state, not a claim for class relief’
How later courts described this case
- concluding, in an analogous context, that Federal Rule of Civil Procedure 23 and PAGA are “more dissimilar than alike” because “[a] PAGA action is at heart a civil enforcement action filed on behalf of and for the benefit of the state, not a claim for class relief’
- noting many ways in which PAGA claims were different from Rule 23 class actions and holding that PAGA claims were not sufficiently similar to class actions under Rule 23 to establish federal subject matter jurisdiction for PAGA claims under the Class Action Fairness Act but stating that it would not decide whether PAGA claim could "proceed under Rule 23 as a class action"
- finding that an action brought pursuant to California’s Private Attorneys General Act was not a class action because it was not sufficiently similar to Rule 23
- holding that state statute authorizing class actions with civil penalties payable to both state and the class was not similar to Rule 23 for purposes of CAFA
Written by the judges who cited it.
The opinion
THOMAS, Circuit Judge,
concurring:
I concur in the majority opinion. I write separately only to note my prior disagreement on the question of whether claims under the Labor Code Private Attorney General Act of 2004, Cal. Lab.Code § 2698 et seq, can be aggregated in determining whether diversity jurisdiction exists. Urbino v. Orkin Services of California, Inc., 726 F.3d 1118, 1123 (9th Cir.2013) (Thomas, J., dissenting). Urbino is law of the circuit, of course, and binds this panel. However, if I were writing on a clean slate, I would hold otherwise as to the question of aggregation.