Judge: Elaine Lu, Case: 24STCV03118, Date: 2024-11-22 Tentative Ruling
Case Number: 24STCV03118 Hearing Date: November 22, 2024 Dept: 9
SUPERIOR
COURT OF THE STATE OF CALIFORNIA
FOR
THE COUNTY OF LOS ANGELES
Miriam
Aguilar Flores vs. De Leon Environmental Cleaning Services, Inc., et al.,
24STCV03118
[TENTATIVE]
CASE MANAGEMENT ORDER
This action has been designated as
complex pursuant to CRC 3.400(a), and thus requires exceptional judicial
management. All provisions of this CMO are deemed necessary to carry out the
purposes of Rule 3.400(a), and to promote effective decision-making by the
Court. They are based upon individual consideration of this complex action, including
the Status Conference Reports previously filed by the parties.
1.
As
a preliminary matter, Parties’ Joint Status Conference Statement filed 11/15/24
is not fully text searchable. The Court
reminds the parties that “[e]lectronic documents must be electronically filed
in PDF, text searchable format when technologically feasible without impairment
of the document’s image.” (First Amended
General Order re Mandatory Electronic Filing for Civil, 5/3/19.) The text searchable format aids in the ease
of the Court’s review of the parties’ filings.
The Court requests that all future filings comply with this aspect of
the First Amended General Order.
2.
Plaintiff’s
First Amended Complaint names Tommie Hotels, LLC, and Plaintiff has filed proof
of service of the Amended Summons and First Amended Complaint on Tommie Hotels,
LLC. On October 7, 2024, 6516 Tommie
Hotels, LLC filed a Notice of Appearance.
In the Joint Status Conference Statement filed on 11/15/24, 6516 Tommie
Hotels, LLC asserts that Tommie Hotels, LLC is not a properly named
defendant. All parties are to meet and
confer as to whether Tommie Hotels LLC is properly named as a defendant and if
possible, file a stipulation and proposed order resolving this issue. If the parties are unable to reach a stipulation
to dismiss Tommie Hotels, LLC without prejudice, then Tommie Hotels, LLC will have
to address the issue by way of a motion, such as a demurrer or motion for
summary judgment. No later than January
24, 2025, the parties are to file a Joint Status Report Re: Status of
Tommie Hotels, LLC.
3.
Leon
Environmental Cleaning Service, Inc. indicates that it intends to correct the
name of Cross-Defendant by replacing 6516 Tommie in place of Tommie Hotels, LLC
as the proper name of Cross-Defendant.
The parties are to meet and confer as to amendment of the
Cross-Complaint to substitute 6516 Tommie in place of Tommie Hotels, LLC either
by way of a Roe amendment or by the filing of a First Amended Cross-Complaint,
and if possible, file a stipulation and proposed order resolving this
issue. No later than January 24, 2025,
the parties are to file a Joint Status Report Re: Substitution of 6516 Tommie Hotels,
LLC for Tommie Hotels, LLC as Cross-Defendant.
4.
The
Parties’ November 15, 2024 Joint Status Conference Statement fails to address
whether there is any relevant arbitration agreement and/or class action waiver
clause. No later than January 24,
2025, the parties are to file a further Joint Statement stating their
respective positions as to whether any relevant arbitration agreement and/or
class action waiver clauses are applicable.
5.
The
Parties indicate that they are open to exploring private mediation after an
exchange of informal discovery. No later
than January 24, 2025, the parties are to file a Joint Status
Report Re: Mediation Efforts, including whether they have agreed to mediate, the
identity of any mediator they have selected and the date of any mediation they
have scheduled.
6.
The
Initial Status Conference is CONTINUED to January 31, 2025 at 10 am.
7.
Upon
the parties confirming the correct identity of Defendant/Cross-Defendant, the
Court will lift the stay to permit Defendants to file and serve a Responsive
Pleading to the Complaint. Defendant must file and serve a Responsive Pleading.
8.
Phased Discovery. The stay on discovery remains in place at this
time. When the stay is lifted, discovery
shall be phased. Discovery will be
phased with the stay automatically lifted once Defendant’s answer is filed and served
or, if applicable, after the Court rules on any pleading challenge. At that
time, the Court will permit class certification discovery only. Informal
discovery is permitted. Merits-based
discovery will be allowed after a successful class certification motion. If
there is a dispute concerning whether a given discovery request is certification
or merits-based, the parties are to set up a telephonic conference with the
court pursuant to the instructions herein.
9.
Class list discovery.
The decision in In Re Insurance Installment Fee cases (2012) 211
Cal.App.4th 1395, 1426-1429, held that the notice procedure prescribed by the
trial court and followed by the defendant was necessary to protect privacy
rights under the California Constitution.
The parties therefore shall use the procedure described in Belaire-West
Landscape v Superior Court (2008) 149 Cal.App.4th 554 to notify putative
class members, as described in the applicable paragraph of the currently
operative complaint, giving them the opportunity to opt out. The parties must share the cost of the
procedure equally.
a. Plaintiff
is to take the lead and prepare a proposed letter to be sent out by the
agreed-upon third party administrator.
The parties must discuss and settle upon a final version.
b. The
letter must be written using the administrator’s letterhead, not that of any
party.
c. The
defense must turn over the contact information consisting of name, address,
phone number, and email address (if available) to the third-party
administrator.
d. In the
event the putative class list is greater than 400 people, the administrator
must randomly select a sample of no more than 400. The contact information for those persons
who did not opt out must be turned over to the plaintiff.
10.
Payroll Records Discovery. Responses to any
payroll record discovery requests must be uniquely numbered and redacted so
that putative class member’s identifying information, i.e., name, social
security numbers, etc. are not revealed.
11.
Protective Order.
Parties are alerted that model protective orders may be found at Los
Angeles Superior Court website at http://www.lacourt.org/division/civil/CI0043.aspx. The parties are encouraged to use these model
orders as shown, or if modified, as a template for the modified order. A redlined courtesy copy must be posted on
the e-service bulletin board and lodged with the court at the time of filing.
The parties must use the redlined version to identify any changes proposed to
the model order.
12.
E-service & E-filing. Electronic service is not the same as
electronic filing. The parties have
agreed, and the Court has signed an order authorizing Case Anywhere as the
e-service to be used in this case.
Argument must not be posted on the bulletin board. For information on electronic filing in the
Complex Courts, please refer to https://www.lacourt.org/division/efiling/efiling2.aspx and http://www.lacourt.org/division/efiling/pdf/ComplexefilingFAQs.pdf.
13.
Class Certification Motion. The
Court will set a Class Certification Motion filing and serving deadline at the
next Status Conference.
14.
Telephonic conferences. The Court handles discovery motions
informally, using telephonic conferences and LA CourtConnect. Counsel must post
a message via their Electronic Service Provider to request any informal
discovery conference or other conference. The Court will either reply to the
message or issue a Minute Order setting the conference. The telephonic conference will automatically
be taken off calendar if all relevant parties have not scheduled the telephonic
conference with LA CourtConnect. Parties
must file and serve a 5-page joint brief two days before the conference. Since
these conferences are informal, no court reporter or audio recording is
permitted.
15.
Potential Related Cases. Counsel are ordered to file and serve a Notice
of Related Case for any potentially related cases pursuant California Rule of
court Rule 3.300, including any PAGA case involving the same representative
plaintiff. This is a continuing
obligation on both plaintiffs and defendants while this case is pending. The Joint Statement reflects a pending PAGA
action -- 24STCV12962 -- that may be
related to the instant class action. No
later than December 6, 2024, Defendants are ordered to file and serve a
Notice of Related Cases on all parties in both the instant class action and in
the PAGA action (24STCV12962). The Court
hereby sets a Non-Appearance Case Review re Notice of Related Cases for December
20, 2024, Department 9, at 8:30 am.
16.
Settlement.
File a Notice of Settlement on Judicial Council form CM-200, a mandatory
form.
a. Consider using the form wage and hour
settlement agreements now available on the court’s website at https://www.lacourt.org/forms/all – “Civil Forms” section.
With input and unanimous consensus from an Ad Hoc Wage and Hour
Committee, the court posted: (1) a form class action settlement
agreement, (2) a form class action/PAGA settlement
agreement, (3) and a form PAGA settlement agreement. Using these
forms should cut down on attorney negotiation time and reduce the lag time
between a successful mediation and execution of a long form agreement. Filing a motion that is based on a form
agreement and includes a redlined copy identifying modifications will also
expedite the court’s review process and help reduce the current backlog on
hearings.
b. If settlement includes dismissal of
class action claims (such as a PAGA only settlement or an individual settlement), then Plaintiff
must comply with CRC 3.769 and 3.770 in order to obtain dismissal of class
claims. Do NOT use Judicial
Council Form Civ-110, Request for Dismissal.
Plaintiff
is ordered to download the instant signed order from the Court’s website,
to give formal notice to all other parties, and to file proof of service of
such within five (5) days.
IT IS SO ORDERED.
DATED: November 22, 2024
__________________________
ELAINE
LU
Judge
of the Superior Court