Judge: Colin Leis, Case: 23STCV08354, Date: 2025-01-30 Tentative Ruling

Case Number: 23STCV08354    Hearing Date: January 30, 2025    Dept: 74

Tang v. The Guild Law School, Inc.

Defendant The Guild Law School, Inc.’s Motion for Summary Judgment  

BACKGROUND 

The motion arises from an employment and wrongful termination case.

On April 14, 2024, plaintiff Kathryn Tang (Plaintiff) filed her initial complaint against her employer, The Guild Law School, Inc. (Defendant). In her operative second amended complaint, Plaintiff alleges two causes of action for wrongful termination. (See December 19, 2023 Stipulation and Order leaving the filing date of the original complaint in place for purposes of the statute of limitations.)

JUDICIAL NOTICE

            The Court grants Defendant’s request for judicial notice.

DISCUSSION

            Defendant moves for summary judgment of the entire complaint on the basis that the Plaintiff did not file her Complaint within the statute of limitations.  Plaintiff alleges two causes of action for wrongful termination, both with a statute of limitations of three years.  (Code of Civ. Proc. § 338(a).)  Plaintiff was terminated on October 15, 2019.  (Peña Ramírez ¶¶ 3-5, ex. 1-2; Spiro Decl., ¶ 3, Ex. A, B, C, D.)  The statute of limitations would have run on October 15, 2022, three years after termination.  (See Romano v. Rockwell Internat., Inc. (1996) 14 Cal.4th 479, 484.)  COVID-19 provided tolling of 178 days from April 6, 2020, until October 1, 2020.  (Cal. Rule of Court, emergency rule 9.)  Plaintiff did not plead tolling, but even if she had, a 178-day tolling period gets her to an April 11, 2023 filing deadline.  Plaintiff did not file her complaint until April 14, 2023. Her complaint thus is time barred.

CONCLUSION

            The Court grants Defendant’s Motion for Summary Judgment.