Judge Elaine Lu, Case Number: 24STCV30811, Date: 2025-03-10 Tentative Ruling

Judge: Elaine Lu, Case: 24STCV30811, Date: 2025-03-10 Tentative Ruling

Case Number: 24STCV30811 Hearing Date: March 10, 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 March 10, 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

Carlos Cano v Greencat, Inc.

24STCV30811

[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 Joint Initial Status Conference Report filed on March 4, 2025 does not make clear whether Plaintiff ever signed an applicable arbitration agreement. No later than April 23, 2025, the parties are to file a further Joint Report making clear their respective positions as to whether Plaintiff ever signed an applicable arbitration agreement.

2. The Parties indicate that they have agreed to participate in early mediation with a stay on formal discovery pending completion of mediation. 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 23, 2025. A further Status Conference Re Mediation Efforts is set for April 30, 2025 at 10:00 AM, Department 9. If the parties agree to a voluntary, informal exchange of discovery prior to mediating, the Court encourages (but does not require or order) the parties to include a verification with each production of discovery so that if the mediation is unsuccessful, the parties will not have to duplicate or repeat this exchange of discovery.

3. In the Joint Initial Status Conference Report, Defendant indicates that if the matter does not resolve at mediation, Defendant intends to file a motion to sever all arbitrable claims and persons from the case. The parties are ordered to meet and confer regarding Defendant’s potential motion to sever all arbitrable claims and persons from the case. The Court encourages the parties in their meet and confer efforts to read and consider the Court of Appeal case of Hendershot v. Ready to Roll Transportation (2014) 228 Cal.App.4th 1213. No later than April 23, 2025, the parties are to file a further Joint Report regarding their meet and confer efforts and their respective positions on Defendant’s anticipated motion to sever all arbitrable claims and persons from the case.

4. Pursuant to the parties’ stipulation, the stay remains in place at least until the April 30, 2025 status conference.

5. The operative complaint currently does not include any claim for civil penalties pursuant to Labor Code section 2699 (PAGA penalties). No later than April 23, 2025, Plaintiff is to file and serve a status report as to: (a) whether Plaintiff intends to either file a separate action for PAGA penalties or file an amended complaint in the instant action adding a claim for PAGA penalties; and (b) if so, when Plaintiff intends to file the claim for PAGA penalties (either as a complaint in a separate action or by way of amendment to the complaint in this action).

6. 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.

7. 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.

8. 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.

9. 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.

10. 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: March 10, 2025

__________________________

ELAINE LU

Judge of the Superior Court