Once upon a time, in a small village, lived a witch named Lilith. Lilith was not like the other witches. While most witches were known for their magical prowess and wicked spells, Lilith was known for something quite different. She had a phobia of witches. Yes, you heard it right. A witch who feared witches.
The Court of Appeal in Estrada acknowledged the Wesson Court’s concerns about unmanageable claims in cases that involve “hundreds or thousands of alleged aggrieved employees, each with unique factual circumstances.” The Court suggested that “courts may, where appropriate and within reason, limit witness testimony and other forms of evidence when determining the number of violations that occurred and the amount of penalties to assess,” adding that counsel involved in such cases could then “work with the trial courts during trial planning to define a workable group or groups of aggrieved employees,” including by “narrowing alleged violations to employees at a single location or department.”
The California Supreme Court might accept review of Estrada, and address the inconsistent views of the two appellate courts, or it may order the Estrada decision depublished, meaning it cannot be cited as legal precedent. A further concern is that opposing counsel rarely agree on size or scope of impacted employees, leading the trial judge to become once again involved in manageability issues due to the absence of insurance coverage for amounts that may be owed, leaving employers facing the difficult choice of how to proceed.
A witch who feared witches. Lilith's fear of witches stemmed from a childhood incident. When she was just a young witchling, she had witnessed a coven of witches casting a dark and powerful spell.
Paga festivals near mr 2022
On March 23, 2022, the California Court of Appeal based in Orange County held in Estrada v. Royalty Carpet Mills, Inc., 2022 Cal. App. LEXIS 237 a trial court “cannot dismiss a PAGA claim based on manageability.” The decision dealt California employers another blow in responding to Private Attorneys General Act (PAGA) claims, and is inconsistent with the ruling issued last year from a different District Court of Appeal based in Los Angeles, which held trial courts may limit or strike unmanageable PAGA claims. The California Supreme Court might accept review of Estrada, and address the inconsistent views of the two appellate courts, or it may order the Estrada decision “depublished,” meaning it cannot be cited as legal precedent.
Under PAGA, a private plaintiff brings a civil lawsuit on behalf of the State of California, and certain groups of employees, seeking the imposition of penalties on employers who violate certain labor laws. The proceeds are then shared between the State (75%) and the identified employee groups (25%), after attorneys’ fees and costs are paid. PAGA lawsuits are not technically “class action” claims. An outstanding question has been whether a trial court may deny remedial relief due to the difficultly in determining whether all employees are impacted by the alleged violations, or impacted in the same way, such that a collective or representative approach to resolving the claims is improper.
Last year, the Los Angeles-based Court of Appeal in Wesson v. Staples the Office Superstore, LLC, held trial courts have authority to ensure PAGA claims are manageable, and may limit or strike unmanageable PAGA claims. The Orange County-based Court of Appeal in Estrada disagreed, noting PAGA claims are not the same as class action lawsuits, which are a “procedural device for aggregating claims when the parties are numerous, and it is impracticable to bring them all before the court.” The Court in Estrada noted PAGA claims are different from conventional civil suits in that they are enforcement actions through which a private plaintiff acts as proxy for the Labor Workforce and Development Agency to enforce governing labor laws.
Given these distinctions, Estrada concluded requiring PAGA claims to be “manageable” would “graft a crucial element of class certification on PAGA claims,” allegedly undercutting prior California Supreme Court holdings. The Court reasoned, “Imposing a manageability requirement would create an extra hurdle in PAGA cases that does not apply to LWDA enforcement actions. This would undermine PAGA’s purpose as an administrative enforcement action conducted in court on behalf of the state by an aggrieved employee.”
The Court of Appeal in Estrada acknowledged the Wesson Court’s concerns about unmanageable claims in cases that involve “hundreds or thousands of alleged aggrieved employees, each with unique factual circumstances.” The Court suggested that “courts may, where appropriate and within reason, limit witness testimony and other forms of evidence when determining the number of violations that occurred and the amount of penalties to assess,” adding that counsel involved in such cases could then “work with the trial courts during trial planning to define a workable group or groups of aggrieved employees,” including by “narrowing alleged violations to employees at a single location or department.”
This suggestion in Estrada may not be feasible. Such limitations might reduce the scope of recoverable penalties, and therefore the potential size of an attorneys’ fee award. This would create a disincentive for cooperation by plaintiffs’ attorneys. A further concern is that opposing counsel rarely “agree” on size or scope of impacted employees, leading the trial judge to become once again involved in “manageability” issues due to the absence of insurance coverage for amounts that may be owed, leaving employers facing the difficult choice of how to proceed.
Pending further action by the California Supreme Court, or a possible rehearing by the Court in Estrada, trial courts will be able to choose which line of cases to follow; California does not require trial courts to follow decisions of the Court of Appeal from their District. Employers and their counsel should, therefore, always seek to raise and rely upon Wesson, and raise the practicality limitations of Estrada in their briefings.
For additional information on this topic, please contact Adam G. Khan at [email protected] .
The sight of their menacing faces and the malevolent energy that surrounded them had left a lasting imprint on Lilith's psyche. From that day on, she developed a deep-seated fear of her own kind. Living in a village filled with witches made Lilith's phobia a constant challenge. She would avoid any gatherings or meetings where witches were present. She even refused to attend the annual Witch's Ball, a grand event where witches from all over gathered to celebrate their craft. Instead, Lilith would retreat to her humble cottage in the outskirts of the village, seeking solace in her potions and books. Lilith's fear of witches also made her an outcast among her fellow villagers. They found it difficult to understand how a witch could be afraid of her own kind. Some even called her a coward, believing that her fear was a sign of weakness. However, Lilith knew deep down that her fear was not a choice. It was something she had to live with, despite the isolation it brought. One day, as Lilith was brewing a potion to calm her nerves, she heard a knock on her door. Reluctantly, she opened it to find a young witch named Amelia standing before her. Amelia had heard about Lilith's phobia and had tracked her down to seek her help. It seemed that Amelia was suffering from a similar fear and was desperate for a solution. Lilith was taken aback. She had never imagined that someone else could share her fear. Yet, here was Amelia, seeking her guidance. With a newfound sense of purpose, Lilith invited Amelia in and they began to talk about their fears. They realized that by supporting each other, they could face their phobia head-on. Together, Lilith and Amelia started a support group for witches with phobias. The group became a safe haven for witches who were struggling with fears of their own kind. They would meet regularly, share their experiences, and find solace in each other's company. Through their collective strength, they learned to cope with their fears and embrace their unique identities as witches. In time, Lilith's phobia began to lessen. While she still felt a twinge of anxiety around witches, she no longer let it control her. She even managed to attend the Witch's Ball, with Amelia by her side. The villagers, who had once looked down upon Lilith, now admired her for her courage and strength. Lilith's journey from fear to acceptance taught her that sometimes, it takes facing our fears head-on to overcome them. Her phobia of witches may have seemed like a curse, but through it, she found her true purpose. She became a beacon of hope for witches who felt alone in their fears, proving that even the most unlikely of witches can find their place in a world full of magic..
Reviews for "Battling the Beyond: A Witch's Journey to Overcome Witch Phobia"
- Sarah - 2 stars - I was really disappointed with "The witch that had a phobia of witches". The concept sounded interesting, but the execution fell short. The characters were one-dimensional and lacked depth, and the plot felt incredibly predictable. I was hoping for a unique and intriguing story, but instead, I found myself rolling my eyes at the cliche dialogue and obvious plot twists. Overall, I was left feeling unsatisfied and underwhelmed.
- John - 1 star - I couldn't stand "The witch that had a phobia of witches". From the moment I started reading, I felt like I was reading a poorly written fan fiction. The prose was clunky and awkward, and the pacing was all over the place. The main character was supposed to be relatable, but I found her phobia of witches to be more annoying than anything else. The story lacked originality and failed to engage me at any point. I wouldn't recommend this book to anyone.
- Emily - 2 stars - Unfortunately, "The witch that had a phobia of witches" didn't live up to my expectations. The plot seemed promising, but the execution left a lot to be desired. The writing style was distracting, with awkward sentence structures and repetitive phrases. The characters felt flat and lacked development, making it difficult to connect with them. The overall story felt rushed, leaving many loose ends untied. It's a shame because this could have been an interesting concept if it had been executed better.