The trial court correctly denied an employer’s motion to compel arbitration after the ex-employee plaintiff dismissed his UCL claim, leaving only a PAGA claim. The employer’s arbitration clause stated that the arbitration clause did not apply to any representative action under PAGA, which instead had to be litigated in court. By specifying that the “action” would be litigated in court, the clause referred to the entire PAGA claim, and so undercut the employer’s argument that the issue of the underlying Labor Code violations should be arbitrated leaving only the PAGA remedy for litigation in court.