The California Court of Appeal, Second Appellate District recently held in Brown v. Dave & Buster’s of California, Inc. that a settlement in one PAGA case can lead to the dismissal of another overlapping PAGA case. The claims in the two PAGA cases fully overlapped after an amended Labor and Workforce Development Agency (“LWDA”) notice and amended complaint were filed in the case that eventually settled, and the Court found a failure to wait 65 days between filing the amended LWDA notice and amended complaint to be harmless.
Background of the Case
Lauren Brown, a Dave & Buster’s employee, filed a PAGA lawsuit against the company, alleging violations of California wage and hour law including failure to provide meal periods, rest periods, vacation pay, and inaccurate wage statements. At the time, Dave & Buster’s had multiple ongoing PAGA lawsuits, filed prior to Brown’s by different employees. In June 2023, Dave & Buster’s filed a motion for judgment on the pleadings, arguing that a settlement in one of the other overlapping PAGA lawsuits released all of Brown’s claims against the company. Brown argued that Andrade, the plaintiff in Andrade v. Dave & Buster’s Management Corporation, Inc., failed to exhaust her claims before the LWDA by failing to wait a full 65 days after filing an amended notice before filing an amended complaint in court. Andrade’s amended complaint added the named defendants in Brown’s case and a vacation pay claim, thereafter...
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