Judge: Elaine Lu, Case: 24STCV26964, Date: 2025-02-14 Tentative Ruling

Case Number: 24STCV26964    Hearing Date: February 14, 2025    Dept: 9

Please note that the Initial Status Conference has been advanced to 8:30 am on February 14, 2025 – not 10:00 am.  The Court hereby distributes a tentative ruling for the CMO.  The parties are welcome to provide input and propose modification(s) to any aspect of the CMO at the February 14, 2025 Initial Status Conference.  If all parties submit on the tentative CMO prior to the commencement of the 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

Jennelyn Hollenbeck v Kensington Senior Living, LLC,

24STCV26964

                                            [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.                  The Parties are unaware of any relevant arbitration agreements and/or class action waiver clauses. 

2.                  The Parties indicate that they have agreed to participate in early private mediation.  The Parties jointly request a 60-day continuance of the Initial Status Conference so that they may continue to meet and confer and schedule a mediation.  The Parties’ request to continue the ISC is GRANTED.  The parties are ordered to file a Joint Status Report Re: Mediation Efforts, including the identity of any mediator they have selected and the date of any mediation they have scheduled, no later than April 11, 2025.  The ISC is CONTINUED TO for April 18, 2025 at 8:30 AM, Department 9.

3.                  The Parties dispute whether Zamira Calderon is a properly named defendant.  The Parties are ordered to meet and confer regarding whether Zamira Calderon is a properly named defendant and are encouraged to voluntarily exchange whatever discovery may help resolve this issue.  The parties are ordered to file a Joint Status Report Re: the Parties’ meet and confer efforts re whether Zamira Calderon is a properly named defendant, by no later than April 11, 2025. 

4.                  Defendant believes that Tolsa v. Kensington Redwood City, LLC et al., San Mateo Superior Court Case No. 21-CIV-03030 settled substantially the same class and PAGA claims of the putative class members in the present case for the class period of June 2, 2017 to May 1, 2023.  The Parties are ordered to meet and confer regarding the extent, if any, to which Tolsa v. Kensington Redwood City, LLC impacts the scope of Plaintiff’s claims in this case.  The parties are ordered to file a Joint Status Report Re: completion of their meet and confer efforts re the extent, if any, to which Tolsa v. Kensington Redwood City, LLC impacts the scope of Plaintiff’s claims in this case, by no later than April 11, 2025. 

5.                  In the Joint Report filed on 2/7/25, Plaintiff asks for discovery to be opened at this time so Plaintiff can evaluate the validity of any PAGA claims and proceed to timely file her PAGA claims.  In light of the fact that Plaintiff has already filed a class action complaint asserting numerous wage and hour claims and alleging multiple violations of the Labor Code, the Court will require Plaintiff to identify what additional information and what additional discovery Plaintiff must obtain before she is prepared to file her PAGA claims.  Plaintiff is ordered to file by no later than April 11, 2025 such a Statement identifying proposed PAGA discovery and information uniquely relevant to PAGA that Plaintiff has not already obtained. 

6.                  No later than April 11, 2025, the parties are to file an updated Joint Status Report that addresses all of the above topics as well as all the topics listed in the Court’s Initial Status Conference Report.

7.                  The stay on pleadings and discovery remain in full force and effect until at least the continued April 18, 2025 Status Conference. 

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:         February 14, 2025      

                                                                                    __________________________

                                                                                    ELAINE LU

                                                                                    Judge of the Superior Court