Moorer v. Noble LA Events, Inc.

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The Court of Appeal affirmed the trial court's denial of plaintiff's request for entry of a default judgment against Noble and dismissal of the case. The trial court denied the request because plaintiff failed to comply with the trial court's order to distribute 25 percent of the penalties to be allocated under the Labor Code Private Attorney General Act of 2004 (PAGA) to the 23 aggrieved employees in a pro rata amount.The court held that PAGA civil penalties must be distributed to all aggrieved employees. In this case, allocation of 25 percent to all aggrieved employees was consistent with the statutory scheme under which the judgment binds all aggrieved employees, including nonparties. The court also held that the trial court did not err in dismissing the case where the order of dismissal was the result of plaintiff's decision not to submit a default judgment in compliance with the trial court's order, not Noble's failure to defend the action. View "Moorer v. Noble LA Events, Inc." on Justia Law