Judge Elaine Lu, Case Number: 24STCV19693, Date: 2025-04-14 Tentative Ruling

Judge: Elaine Lu, Case: 24STCV19693, Date: 2025-04-14 Tentative Ruling

Case Number: 24STCV19693 Hearing Date: April 14, 2025 Dept: 9

The Court hereby distributes a tentative ruling for the Case Management Order. The parties are welcome to provide input and propose modification(s) to any aspect of the CMO at the Initial Status Conference. If all parties submit on the tentative CMO prior to the commencement of the April 14, 2025 ISC, the Court will adopt the tentative CMO, and the parties need not appear.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

JACQUELINE ACOSTA V TOKIO MARINE HCC SURETY GROUP, et al,

24STCV19693

[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. Defendant has not identified any arbitration agreement that Plaintiff has signed.

2. The Parties indicate that they are open to exploring private mediation. The parties are ordered to continue their meet and confer efforts and 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, no later than June 5, 2025. The Court hereby sets a Status Conference Re Mediation Efforts for June 12, 2025 at 10:00 AM, Department 9.

3. The Court hereby lifts the stay to permit Defendants to file and serve Responsive Pleadings to the Complaint. Defendants who have been served with the Summons and Complaint must file and serve Responsive Pleadings by no later than May 14, 2025. Before filing any demurrer or other motion, the moving party must contact the Court Staff in Department 9 to obtain a hearing date and a briefing schedule. The Court sets a Non-Appearance Case Review Re: Filing and Serving of Defendant’s Responsive Pleading for May 21, 2025, 8:30 AM, Department 9.

4. Plaintiff’s Counsel has failed to file proof of service of the Operative Summons and Complaint on some of the named defendants, including NAS INSURANCE SERVICES, LLC dba TOKIO MARINE HCC and HCC SERVICE COMPANY, INC. No later than June 5, 2025, Plaintiff’s Counsel must file either proof of service of the Operative Summons and Complaint on NAS INSURANCE SERVICES, LLC dba TOKIO MARINE HCC and HCC SERVICE COMPANY, INC. or a declaration explaining the failure to file proofs of service of the operative Summons and Complaint on NAS INSURANCE SERVICES, LLC dba TOKIO MARINE HCC and HCC SERVICE COMPANY, INC., setting forth any and all efforts undertaken to attempt service of the operative Summons and Complaint on NAS INSURANCE SERVICES, LLC dba TOKIO MARINE HCC and HCC SERVICE COMPANY, INC., and explaining why sanctions (including monetary sanctions of at least $500) should not be imposed for failure to file proof of service of the operative Summons and Complaint on some of the named defendants, in compliance with California Rules of Court, Rule 3.720. Failure to file proof of service of the Operative Summons and Complaint on NAS INSURANCE SERVICES, LLC dba TOKIO MARINE HCC and HCC SERVICE COMPANY, INC. by June 5, 2025 may result in the Court setting an OSC re sanctions. The Court hereby sets a Status Conference Re filing of proof of service of the operative Summons and Complaint on NAS INSURANCE SERVICES, LLC dba TOKIO MARINE HCC and HCC SERVICE COMPANY, INC for June 12, 2025 at 10:00 AM, Department 9. If any additional Defendant appears before then, the parties are to file an updated Joint Initial Status Conference Report by no later than June 5, 2025 in compliance with the Court’s Initial Status Conference order.

5. Phased Discovery. Discovery shall be phased. Discovery will be phased with the stay lifted once all Defendants have filed and served an answer or, if applicable, after the Court has ruled on all pleading challenges. 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.

6. 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. Therefore, upon the Court’s lifting of the stay on class certification discovery, the parties 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.

7. 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.

8. 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.

9. 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.

10. Class Certification Motion. The Court will set a deadline for filing and serving the Class Certification Motion after all Defendants have appeared and filed responsive pleadings. At that time, the Court will set a deadline for filing and serving the Class Certification Motion that will be approximately one year from the filing of all Defendants’ responsive pleadings. The Court sets a Non-Appearance Case Review Re: Setting of Class Certification Motion Filing Deadline for May 21, 2025, 8:30 AM, Department 9.

11. 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.

12. 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.

13. 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: April 14, 2025

__________________________

ELAINE LU

Judge of the Superior Court

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