Steven Joseph Thomas vs Boys & Girls Club of South San Luis Obispo County et al

Case Number

24CV03448

Case Type

Hearing Date / Time

Fri, 11/21/2025 - 10:00

Nature of Proceedings

CMC; Motion to Compel

Tentative Ruling

For all reasons stated herein, the motion of defendant Boys & Girls Club of the Central Coast to compel arbitration, dismiss class claims, and stay proceedings, is ordered off-calendar.

Background:

On June 18, 2024, plaintiff Steven Joseph Thomas (Thomas) filed a class action complaint against defendants the Boys & Girls Club of South San Luis Obispo County (the SLO Club), the Boys & Girls Clubs of the Central Coast (the Central Coast Club), and the United Boys & Girls Clubs of Santa Barbara County (The SB Club) (collectively, defendants), alleging five causes of action: (1) itemized wage statement (check stubs) penalties (Lab. Code, §§ 226, 558, 558.1); (2) waiting time penalties (Lab. Code, §§ 201-203, 558, 558.1); (3) meal break violations (Lab. Code, §§ 226.7, 512, subd. (a)); (4) rest break violations (Lab. Code, § 226.7); and (5) restitution/injunction (unlawful competition in violation of Bus. & Prof. Code, § 17200 et seq., Lab. Code, § 558.1).

On October 1, 2024, without any response to the complaint having been filed, Thomas filed a first amended class action complaint (the FAC), alleging the same five causes of action against defendants described above, and adding a sixth cause of action for remedies under Labor Code section 2698 et seq. (the Labor Code Private Attorneys General Act of 2004 or PAGA.) As alleged in the FAC:

Thomas brings this action on behalf of a class of individuals who, from four years prior to the filing of the complaint, were or are employed as non-exempt employees at all Boys & Girls Club locations in California and whose working conditions are not controlled by a collective bargaining agreement. (FAC, ¶¶ 39-40.)

Defendants own and operate child care and education centers under the name “Boys & Girls Club”. (FAC, ¶ 27.) From 2018 until 2023, Thomas was employed by defendants as a non-exempt employee. (FAC, ¶¶ 19 & 29.) During that employment, defendants required Thomas to care for and supervise children without a rest break, and to work shifts longer than 5 hours when a child required supervision without a meal break. (FAC, ¶¶ 30-31.) In addition, defendants deposited pay checks into Thomas’ account without providing accurate pay stubs. (FAC, ¶ 35.) Because defendants failed to pay Thomas all earned wages, Thomas ended his employment relationship with defendants. (FAC, ¶ 36.)

On December 20, 2024, the SB Club answered the FAC, generally denying its allegations and asserting sixty-three affirmative defenses.

SLO Club has not filed a response to the FAC.

On November 26, 2024, the Central Coast Club filed a motion (the arbitration motion) for an order compelling Thomas to submit his individual claims to arbitration, and staying this litigation pending the completion of arbitration. Thomas filed an opposition to the arbitration motion.

On February 10, 2025, the Central Coast Club filed a stipulation by the parties in which the parties state that they have agreed to participate in early mediation and to stay this proceeding pending mediation. (Feb. 10, 2024, Stip. at p. 2, ll. 12-17.) The parties further agreed that the stay “shall not jeopardize in any way or serve as a waiver” of the Central Coast Club’s right to have its arbitration motion heard, and that the court may continue the hearing on that motion. (Id. at p. 2, ll. 18-20, & p. 3, ¶ 3.) On the same date, the court continued the hearing on the arbitration motion to May 23, 2025, and ordered a temporary stay of this proceeding.

On May 5, the Central Coast Club filed a case management conference statement, stating that the parties have reached a tentative settlement and expect to file a motion for preliminary approval. (May 5, 2025, CMS, ¶ 4(a).)

On May 23, a stipulation was filed in which the parties request that the court continue the hearing on the arbitration motion to a date in November 2025. On that same date, the court entered an order continuing the stay on these proceedings and the arbitration motion to November 21, 2025.

On November 4, Thomas filed an unopposed motion for an order granting, among other things, preliminary approval of a Stipulation and Class Action Settlement Agreement (the Settlement) entered into by Thomas and defendants.

Analysis:

The present record reflects that the Settlement for which Thomas seeks the court’s preliminary approval has mooted the arbitration motion. For these reasons, the court will order that motion off-calendar, without prejudice to its re-filing at a future time, if appropriate.