Judge: Frank M. Tavelman, Case: 23BBCV01687, Date: 2024-02-09 Tentative Ruling

Case Number: 23BBCV01687    Hearing Date: April 12, 2024    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO DISMISS REPRESENTATIVE PAGA CLAIMS

NOTICE:

The Court is not requesting oral argument on this matter.  The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested.  Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no argument is received.  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ANALYSIS:

This motion was continued from February 9, 2024 on the Court’s own motion. As indicated in the February 9th Minute Order, the Court was inclined to grant Lincoln Training Center and Rehabilitation Workshop’s (Defendant) motion to dismiss but found that notice was lacking as to the Labor & Workforce Development Agency (LWDA). The Court reasoned that even though Plaintiff wished to dismiss his claims, the nature of the PAGA claims meant that LWDA was technically a party to the action entitled to notice of the motion. The Court ordered Defendant to serve notice of the motion to the LWDA prior to the rescheduled April 12, 2024 hearing.

On April 8, 2024, Defendant filed a “Notice of Request to Dismiss” showing service of the motion upon LWDA. It appears that service on the LWDA is mandated to be filed through the LWDA’s online system. Defendant’s notice is accompanied by a proof of service indicating that notice was electronically filed with the LWDA on February 12, 2024.  Defendant also submits proof of service by mailing to the LWDA, also on February 12, 2024.

Having reviewed the notice provided and having received no opposition from the LWDA, the Court is satisfied that Defendant has fulfilled the requirements of C.R.C. Rule 3.770 (a). As such, the motion to dismiss this action with prejudice is GRANTED.

It follows that Defendant’s demurrer to the Complaint, scheduled to be heard April 12, 2024, is moot in light of the motion to dismiss being granted.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

Lincoln Training Center and Rehabilitation Workshop’s Motion to Dismiss came on regularly for hearing on April 12, 2024, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION TO DISMISS PLAINTIFF’S INDIVIDUAL & REPRESENTATIVE PAGA CLAIMS WITH PREJUDICE IS GRANTED.

DEFENDANT’S DEMURRER IS MOOT AND IS REMOVED FROM THE COURT’S CALENDAR.

DEFENDANT TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  April 12, 2024                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles