Judge: Cherol J. Nellon, Case: 22STCV28677, Date: 2023-11-28 Tentative Ruling

Case Number: 22STCV28677    Hearing Date: March 27, 2024    Dept: 14

Mardirosian v. Darrell Gene

Case Background

Plaintiff alleges that she was denied proper breaks and fired after complaining about exposure to Covid-19 at work.

Complaint

            On February 16, 2024, Plaintiff filed her Third Amended Complaint (“TAC”) for (1) Failure To Pay Overtime Wages, (2) Failure To Provide Meal Periods, (3) Failure To Provide Rest Breaks, (4) Failure to Pay All Wages, (5) Waiting Time Penalties, (6) Failure To Provide Accurate Wage Statements, (7) Labor Code Section 558, (8) Unlawful Business Practices, (9) PAGA, (10) Wrongful Retaliation In Violation of Labor Code Section 6310, (11) Wrongful Termination in Violation of Labor Code Section 6409.6, (12) FEHA Retaliation, (13) Wrongful Termination, and (14) Defamation against Defendants Darrell Gene Brooke (“Darrell”), The Brooke Law Group, PC (“Firm”), Michele Brooke (“Michele”), and DOES 1-20 and 22-50.

            The 14^th cause of action for defamation is asserted against Defendants Darrell and Firm, only.

            On March 20, 2024, Defendants Darrell, Firm, and Michele filed their joint Answer.

Cross-Complaint

            On November 4, 2022, Defendants Darrell and Firm filed their Cross-Complaint for (1) Unjust Enrichment and (2) Money Had and Received against Plaintiff/Cross-Defendant.

On December 28, 2022, Plaintiff/Cross-Defendant filed her Answer.

On September 5, 2023, Cross-Complainants Darrell and Firm voluntarily dismissed their Cross-Complaint, with prejudice.

Trial Date

            Jury Trial is currently set for April 8, 2024.

Instant Motion

            Defendants now move this court for an order continuing trial out a sufficient length so that they can serve and file a new motion for summary adjudication.

Decision

            The motion is GRANTED. The court reserves August 26, 2024, for the motion for summary adjudication. Defense counsel is to make the reservation online and then call Department 14 to have it confirmed. The motion and all related papers should be filed and served in accord with the provisions of Code of Civil Procedure § 437c.

            Trial is continued to October 7, 2024, at 9:00 am. Final Status Conference is continued to September 25, 2024, at 10:00 am. All trial counsel and any unrepresented parties are to be present in person at the Final Status Conference. All discovery deadlines are to be calculated based on the new trial date.

Discussion

            Defendant Michele’s motion for summary judgment came on for hearing on February 5, 2024. This court construed a portion of the motion as a motion for judgment on the pleadings. It granted that portion of the motion with leave to amend. The filing of the TAC then mooted a portion of the motion for summary adjudication filed by Defendants Darrell and Firm. The TAC changed the 12^th cause of action from a claim for FEHA discrimination to a claim for FEHA retaliation.

            Defense should not be deprived of their statutory right to discovery on the newly-framed 12^th-cause of action, or their statutory right to file for summary adjudication on that claim, simply because there was a defect in Plaintiff’s prior complaint. The court has an opening for a summary judgment motion at the end of August, and an opening on its trial calendar in early October.