Judge: Elaine Lu, Case: 24STCV29932, Date: 2025-05-21 Tentative Ruling

Case Number: 24STCV29932    Hearing Date: May 21, 2025    Dept: 9

Plaintiff’s Counsel has failed to file proof of service of the Operative Amended Summons and Second Amended Complaint on all named defendants, including COMPLETE CLOTHING COMPANY.  The Joint Status Conference Statement filed on 5/14/25 states that Plaintiff anticipates serving COMPLETE CLOTHING COMPANY by 5/16/25, but to date, Plaintiff has not filed any proof of service reflecting such service.

By no later than July 17, 2025, Plaintiff’s Counsel must file either proof of service of the Operative Amended Summons and Second Amended Complaint on COMPLETE CLOTHING COMPANY or a declaration explaining the failure to file proofs of service of the Operative Amended Summons and Second Amended Complaint on COMPLETE CLOTHING COMPANY, setting forth any and all efforts undertaken to attempt service of the Operative Amended Summons and Second Amended Complaint on COMPLETE CLOTHING COMPANY, 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 Amended Summons and Second Amended Complaint on all of the named defendants, in compliance with California Rules of Court, Rule 3.720.

Failure to file proof of service of the Operative Amended Summons and Second Amended Complaint on COMPLETE CLOTHING COMPANY by July 17, 2025 may result in the Court setting an OSC re sanctions.

The Joint Status Conference Statement filed on 5/14/25 states that Plaintiff anticipates filing an application for dismissal of Vensure from this action pursuant to California Rules of Court, Rule 3.770, by or before June 4, 2025. 

The Joint Status Conference Statement filed on 5/14/25 states that Defendant Quality Employment is meeting and conferring with Plaintiff regarding its proposed stipulation to dismiss the class claims and arbitrate Plaintiff’s individual claims.  By no later than July 17, 2025, Plaintiff and Defendant Quality Employment must file either (1) a stipulation and proposed order or (2) a joint statement regarding their meet and confer efforts re arbitration.

The previously imposed stay on discovery remains in effect.

The Status Conference is continued to July 24, 2025 at 10:00 am.  If Defendant COMPLETE CLOTHING COMPANY appears before then, all parties are to file a Joint Initial Status Conference Report by no later than July 17, 2025 in compliance with the Court’s 12/4/25 Initial Status Conference order.

Plaintiff is ordered to download this minute order as well as the Initial Status Conference order, give notice to all other parties, and file proof of service of such.