Judge: Elaine Lu, Case: 20STCV04200, Date: 2022-10-26 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 20STCV04200 Hearing Date: October 26, 2022 Dept: 26
At the hearing on Defendant’s motion to dismiss John
Yannoulatos from this action, Plaintiff agreed to voluntarily file a First
Amended Complaint adding Patty Campos as the named representative plaintiff in
this PAGA action and removing John Yannoulatos’s name from the First Amended
Complaint provided that the Court’s minute order make clear that removal of John
Yannoulatos from the First Amended Complaint does not preclude John Yannoulatos
from continuing to be one of the allegedly aggrieved employees whom Patty
Campos seeks to represent. If Patty
Campos prevails on her complaint, John Yannoulatos is not precluded from being
one of the allegedly aggrieved employees.
Entry of this order also does not preclude Plaintiff
from moving for leave to amend to re-add John Yannoulatos as a named,
representative plaintiff if John Yannoulatos becomes able participate in the
litigation. Defendant preserves its right
to oppose any such motion for leave to amend.
Plaintiff shall file a First Amended Complaint
consistent with the above no later than November 4, 2022.
A case management conference is set for December 15,
2022 at 8:30 am.
Prior to the Court finalizing the instant minute
order, the above language was posted on the Court’s website, and no party made
any objections to the language above.
The Court’s Judicial Assistant shall give notice to
all parties.