2017-00220143-CU-OE

Navid Aslam vs. Cypress Security, LLC

Nature of Proceeding: Motion to File 1st Amended Complaint

Filed By: Rodriguez, Justin P.

Plaintiff Navid Aslam’s unopposed motion for leave to amend complaint to dismiss class claims without prejudice and to add a Private Attorney General (“PAGA”) Cause of Action is granted.

Defendant filed a statement of non-opposition.

Pursuant to CRC Rule 3.770, any dismissal of “an entire class action, or of any party or cause of action, requires court approval.” The moving party shall state all facts supporting the request and “clearly state whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail.” Dismissal may be entered without a hearing and where the class has not been certified [as is the case here], “the action may be dismissed without notice to class members if the court finds that dismissal will not prejudice them.” (CRC Rule 3.770(a)-(c).)

Here the declaration from class counsel indicates that there is an arbitration agreement purporting to exclude class claims and that neither Plaintiff nor counsel are receiving any consideration for the class claims as they are not being compromised and are being dismissed without prejudice. (Rodriguez Decl. ¶¶ 6, 9.) No class has been certified and no notice has been sent to potential class members and no discovery has taken place. (Id. ¶¶ 9, 10.)

The Court finds that the requested dismissal is appropriate and that notice need not be given to the putative class. Putative class members are not releasing any claims by way of the dismissal as the class claims are dismissed without prejudice.

In addition, the request to add a PAGA claim is granted. Here, Plaintiff is entitled to amend the complaint to add a PAGA claim as a matter of right. “[A] plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part.” (Labor Code § 2699.3(a)(2)(C) [emphasis added].) The instant motion was timely filed after the requisite notice period expired. Plaintiff is entitled to amend his complaint to add a PAGA claim as a matter of right.

The motion is granted.

The Court will sign the proposed order.