Tucker v. Bath and Body Works

California Court of Appeals

Case: Tucker v. Bath & Body Works 

Court: California Court of Appeal, First Appellate District, Division Two 

Date: July 2, 2024 

Issue on Appeal: Whether the California Court of Appeal should accept a Petition for Review of a district court decision denying a motion to stay proceedings of a non-individual PAGA claim while compelling arbitration of the individual PAGA claim.  

RLC’s Position: The RLC's brief identifies an emerging trend in some courts of denial of stays of non-individual PAGA claims despite compelling arbitration in the individual claim and explains the importance of the issue and necessity for arbitrators to resolve threshold standing questions prior to the non-individual claim proceeding in court.  

Other Amici: The California Retailers Association joined the brief.  

Counsel: Julie Trotter and Madeleine (“Madi”) Lee of Call & Jensen 


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