Judge: Elaine Lu, Case: 25STCV01148, Date: 2025-04-21 Tentative Ruling

Case Number: 25STCV01148    Hearing Date: April 21, 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 21, 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

Victor Paez v The Kenan Advantage Group

25STCV01148

                                            [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.              Not all parties are open to exploring private mediation after an exchange of informal discovery.  The parties are to meet and confer to explore the possibility of mediation at a later juncture in the action.  The parties are ordered 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 January 21, 2026.  A Non-Appearance Case Review Re Mediation Efforts is set for January 28, 2026 at 8:30 AM, Department 9.

3.              The Court hereby lifts the stay to permit Defendant to file and serve a Responsive Pleading to the Complaint. Defendant must file and serve a Responsive Pleading by no later than May 21, 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 28, 2025, 8:30 AM, Department 9. 

4.              Phased Discovery. Discovery shall be phased.  Discovery will be phased with the stay lifted once Defendant files and serves an answer 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.

5.              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.

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.              Class Certification Motion.    Class Certification Motion filing and serving deadline is April 21, 2026. The plaintiff is reminded that the plaintiff’s brief must contain a trial plan.  The trial plan MUST be filed as a separate brief.  As with all other motions, Counsel must call the Court to obtain a hearing date and briefing schedule PRIOR to filing and serving the motion for Class Certification.  The Court sets a Non-Appearance Case Review for April 28, 2026, 8:30 AM, Department 9.

9.              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.

10.           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.

11.           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 21, 2025

                                                                                    __________________________

                                                                                    ELAINE LU

                                                                                    Judge of the Superior Court