Arias v. Superior Court (Angelo Dairy)

The Court of Appeal issued an alternative writ after the trial court struck the plaintiff’s claims in part.  In overruling the trial court’s action, the court of appeal ruled that Section 17200 of the Business and Professions code requires that a representative claim be brought as a class action because the UCL requires compliance with the class action provisions of Code of Civil Procedure section 382.1 (Bus. & Prof. Code, section 17203.) But, section 2699 of the Labor Code, otherwise known as PAGA, expressly allows a person to prosecute a representative claim without requiring that it be brought as a class action. 

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