Judge: Curtis A. Kin, Case: 22STCV20930, Date: 2023-01-19 Tentative Ruling

Case Number: 22STCV20930    Hearing Date: January 19, 2023    Dept: 72

DEMURRER

Date:           1/19/23 (9:30 AM)                 

Case:          Blanca Chinchilla v. Partners Personnel–Mgmt. Serv., et al. (22STCV20930)

TENTATIVE RULING:

Defendants Partners Personnel – Management Services, LLC, Partners Personnel – Management Resources, LLC, and Esperer Holdings, Inc.’s Demurrer to Complaint is CONTINUED.

This action may be related to Blanca Chinchilla v. Partners Personnel – Management Services, LLC, Case No. 20STCV41558 (“PAGA Action” or “PAGA Compl.”). In the PAGA Action, plaintiff Blanca Chinchilla alleged that she and other aggrieved employees were employed by defendant Partners Personnel – Management Services, LLC. Plaintiff asserted causes of action for violations of the Private Attorneys General Act based on wage and hour violations, including failure to pay all wages due upon ending of employment and failure to reimburse for business expenses, such as use of personal vehicles. (PAGA Compl. ¶ 8.)

In the instant action (“Labor Code Action” or “LC Compl.”), plaintiff alleges that she was employed by defendant Partners Personnel – Management Services, LLC, as one of three joint employers. (LC Compl. ¶ 9.) Plaintiff asserts violations of the Labor Code, including failure to reimburse business expenses, such as personal use of vehicles, and failure to pay all wages due upon termination of employment. (LC Compl. ¶¶ 20, 21, 32, 41.)

Based on the allegations set forth above, it appears the PAGA Action may be related to the Labor Code Action. (See Rule of Court 3.300(a).) Both actions are based on violations of the Labor Code, regardless of whether plaintiff is bringing representative or individual claims. Both actions thus appear to be based on the same claims and arise from identical transactions requiring the determination of the same or substantially identical questions of law or fact. (See Rule of Court 3.300(a)(1-2).)  Further, both actions arise from plaintiff’s employment with Partners Personnel – Management Services, LLC, a defendant in both actions. (PAGA Compl. ¶¶ 1, 2, 7; LC Compl. ¶¶ 1, 8.) Accordingly, both actions appear to involve the same parties, which may be another factor to cause them to be deemed related. (See Rule of Court 3.300(a)(1).)

Because both actions may be related, no later than fifteen (15) days hereof, defendants Personnel – Management Services, LLC, Partners Personnel – Management Resources, LLC, and Esperer Holdings, Inc. are ordered to file a Notice of Related Case in this Labor Code Action and the previously filed PAGA Action, pursuant to Rule of Court 3.300(b-e). Because the PAGA Action is the earliest filed case, the department wherein the PAGA Action is assigned will determine whether the Labor Code Action is related to the PAGA Action. (Rule of Court 3.300(h)(1)(A).)

Pending the resolution of the Notice of Related Case, the hearing on the Demurrer to Complaint and Case management Conference is CONTINUED to March 14, 2023, at 9:30 AM in Department 72 (Stanley Mosk Courthouse).