In Chavez v. Hi-Grade Materials Co., the California Court of Appeal addressed whether a class action plaintiff could unilaterally dismiss their PAGA claims to create appellate jurisdiction through the death knell doctrine. The Court ruled that this tactic is not permissible, affirming that the doctrine does not apply if PAGA claims remain pending. The decision emphasizes that PAGA penalties are pursued on behalf of the state, allowing for potential group recovery, thus preserving the interests of all affected parties despite the denial of class certification.
The Court concluded that a plaintiff cannot unilaterally end a class action by dismissing PAGA claims to create appellate jurisdiction.
The California Court of Appeal recognized the voluntary dismissal as a tactic to circumvent rules against interlocutory appeals and dismissed the employee's appeal.
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