Employment/Section 998:  Individual Plaintiff’s Acceptance of 998 Offer And Dismissal Of Individual Claims With Prejudice Meant He Could Not Continue To Prosecute PAGA Claim

Plaintiff Was Not An “Aggrieved Employee” For PAGA Standing Purposes.

            In Kim v. Reins International California Inc,., Case No. B278642 (2d Dist., Div. 4 Dec. 29, 2017) (published), plaintiff alleging both individual and class action wage/hour violations (including a PAGA claim) accepted a CCP § 998 offer and dismissed his individual claims with prejudice.  The issue on appeal is whether he could continue prosecution of the PAGA claim.  Both the trial and appellate courts answered “no,” because he was not an “aggrieved employee” for PAGA standing purposes.