Judge: Holly J. Fujie, Case: 24STCV29867, Date: 2025-03-27 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 24STCV29867    Hearing Date: March 27, 2025    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant United Parcel Service, Inc. (“Defendant”)

RESPONDING PARTY: Plaintiff Tammie Barnett (“Plaintiff”)

            The Court has considered the moving, opposition and reply papers.

BACKGROUND

             This is a Private Attorneys General Act (“PAGA”) action. Plaintiff filed the operative complaint (“Complaint’) on November 13, 2024, against Defendant and Does 1-50 alleging a single representative PAGA cause of action. 

            On January 8, 2025, Defendant filed the instant motion for an order setting an early evaluation conference and staying proceedings (the “Motion”). On March 14, 2025, Plaintiff filed an opposition (the “Opposition”). On March 20, 2025, Defendant filed a reply (the “Reply”).          

DISCUSSION

            Labor Code section 2699.3 subdivision (f) authorizes an employer with 100 employees or more to file a request for an early evaluation conference and a stay of court proceedings upon being served with a summons and complaint asserting claims under subdivisions (a) or (f) of section 2699.  The request must be filed prior to or simultaneously with the employer’s responsive pleading in the action.  (Lab. Code § 2699.3 subd. (f).) 

            Defendant has satisfied the filing requirements of Labor Code section 2699.3 subdivision (f), as prior to filing a responsive pleading, Defendant filed this request for early evaluation conference and stay of proceedings. Defendant disputes Plaintiff’s claims that systemic health or safety issues exist and submitted a notice of cure to the Labor and Workforce Development Agency (“LWDA”) detailing Defendant’s response and steps taken to remediate the alleged violations. (Brown Decl., ¶¶ 3, 6.)

            In Opposition, Plaintiff asserts that Defendant has not sufficiently cured the alleged violations and that the violations remain ongoing. (Opp., p. 2.) Plaintiff has failed to show good cause for denying Defendant’s request for an early evaluation conference. Thus, the Motion is GRANTED.

Defendant United Parcel Service, Inc.’s request for an early evaluation conference is GRANTED and proceedings are STAYED pending the outcome of the conference.

Pursuant to Labor Code section 2699.3(f)(3)(A), the Court sets the early evaluation conference on May 9, 2025, at 9:30 AM at Stanley Mosk Courthouse in Dept. 56 with Judge Holly J. Fujie.  Pursuant to Labor Code section 2699.3(f)(3)(D), Plaintiff and Defendant are ordered to appear either in-person or remotely at the early evaluation conference.  

Pursuant to Labor Code section 2699.3(f)(3)(C), Defendant is ordered to submit confidentially to Judge Holly J. Fujie via email to HFujie@lacourt.org and serve on Plaintiff, within 21 days after issuance of this Order, a statement that includes for use solely for the conference, the basis and evidence for disputing any alleged violations.  

Pursuant to Labor Code section 2699.3(f)(3)(E), Plaintiff is ordered to submit to Judge Holly J. Fujie via email to HFujie@lacourt.org and serve on Defendant, within 21 days after service of denials by Defendant, a confidential statement that includes, to the extent reasonably known, for use solely for the purpose of the early evaluation conference, all of the following: 

(i)             The factual basis for each of the alleged violations. 

(ii)           The amount of penalties claimed for each violation if any, and the basis for that calculation. 

(iii)         The amount of attorney’s fees and costs incurred to date, if any, that are being claimed. 

(iv)          Any demand for settlement of the case in its entirety. 

(v)           The basis for accepting or not accepting the employer’s proposed plan for curing any or all alleged violations.  

Judge Holly J. Fujie and the parties will follow the post-evaluation procedures set forth in Labor Code section 2699.3(f)(4) et seq.  The Court sets a post-early evaluation status conference regarding completion of the early evaluation process on June 6, 2025, at 8:30 AM in Dept. 56. The stay of proceedings will remain in place through the date of that post-early evaluation status conference or any later date set by the Court.  For that reason, the Demurrer set for hearing on this date is off-calendar.

Moving Party is ordered to give notice of this ruling.           

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 27th day of March 2025