Judge: Elaine Lu, Case: 22STCV31637, Date: 2024-11-15 Tentative Ruling
Case Number: 22STCV31637 Hearing Date: November 15, 2024 Dept: 9
11/15/24:
On October 16, 2024, the Court granted Carolyn Bell's motion to be relieved as Counsel for Plaintiff. In doing so, the Court's order expressly noted: "A class representative cannot proceed as a self-represented litigant in a class action. If Plaintiff Blanca A. Amezcua wishes to proceed on a class action basis, Plaintiff must retain licensed counsel. Plaintiff is ordered to file a substitution of counsel no later than November 8, 2024 and to appear on November 15, 2024 at 8:30 am in Department 9 with her new counsel. Plaintiff’s failure to timely retain new counsel or failure to appear on November 15, 2024 may result in the striking or dismissal of Plaintiff’s class allegations, resulting in Plaintiff proceeding on an individual basis. Moving Counsel is ordered to serve all parties, including Client, with a copy of this signed order (MC-053) as well as the signed order dated October 10, 2024 and file proof of service of both within three days." (10/16/24 Order, paragraph 13.)
On November 1, 2024, Plaintiff's former counsel filed proof of service of the Court's Order on Plaintiff.
Since the filing of proof of service of the Court's 10/16/24 Order on Plaintiff, Plaintiff has not filed any substitution of Counsel. Nor did Plaintiff appear at today's (11/15/24) hearing re status of representation. Plaintiff has also failed to file any motion for class certification, which was due on November 8, 2024. (6/21/24 Order.)
Plaintiff has (1) has failed to comply with the Court's 6/21/24 Order to file a class certification motion by November 8, 2024, and (2) has failed to comply with the Court's 10/16/24 Order to file a substitution of counsel and to appear at today's hearing.
The Court reiterates that: A class representative cannot proceed as a self-represented litigant in a class action. If Plaintiff Blanca A. Amezcua wishes to proceed on a class action basis, Plaintiff must retain licensed counsel. Plaintiff is ordered to file a substitution of counsel no later than January 3, 2025 and to appear on January 22, 2025 at 10:00 am in Department 9 with her new counsel. Plaintiff’s failure to timely retain new counsel or failure to appear on January 22, 2025 may result in the striking or dismissal of Plaintiff’s class allegations, resulting in Plaintiff proceeding on an individual basis.
Plaintiff Blanca A. Amezcua is ordered to appear on January 22, 2025 at 10:00 am and explain why sanctions (including dismissal and striking of class allegations) should not be imposed for failure to comply (1) with the Court's 6/21/24 Order to file a class certification motion by November 8, 2024, and (2) with the Court's 10/16/24 Order to file a substitution of counsel and to appear at today's hearing.
No later than January 3, 2025, Plaintiff is ordered to file a declaration explaining the failure to appear today, explaining the failures to comply with the Court's 6/21/24 and 10/16/24 Orders, and explaining why the Court should not strike the class allegations in light of Plaintiff's failure to comply (1) with the Court's 6/21/24 Order to file a class certification motion by November 8, 2024, and (2) with the Court's 10/16/24 Order to file a substitution of counsel and to appear at today's hearing.
Failure of Plaintiff to appear at the next hearing will be deemed by the court to be Plaintiff’s consent to strike and dismiss all class allegations.
The Court hereby lifts the stay on all discovery.
No jury fees have been posted. The Court hereby sets the matter for bench trial on March 10, 2025 at 9:30 am. The Final Status Conference is set for at March 3, 2025 at 10 am. The Court will separately issue a trial preparation order. Plaintiff is ordered to prepare and serve proposed joint trial documents (including a Joint Witness List and Joint Exhibit List) on Defendant no later than 2 weeks prior to the Final Status Conference. Defendant is to respond with any proposed amendments to the Joint Witness List and Joint Exhibit List within one week of receipt of the proposed documents from Plaintiff. The parties are to file a Joint Witness List and Joint Exhibit List no later than five days prior to the Final Status Conference.
Because Plaintiff is currently self-represented, the parties and the Court cannot effect electronic service on her.
Court Clerk to give notice to all parties, including Plaintiff at both: (a) 13975 La Rue St San Fernando, CA 91340; and (b) Court Clerk, Stanley Mosk Cojurthouse, 111 N. Hill St., L.A., CA 90012.
Defendant is also to give formal notice of this order and file proof of service at both addresses for Plaintiff: (a) 13975 La Rue St San Fernando, CA 91340 (via certified mail); and (b) Court Clerk, Stanley Mosk Cojurthouse, 111 N. Hill St., L.A., CA 90012.