Judge: James A. Mangione, Case: 37-2022-00045438-CU-OE-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other employment Summary Judgment / Summary Adjudication (Civil) 37-2022-00045438-CU-OE-CTL JOSEPH VS THE GLEN AT SCRIPPS RANCH CCRC LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Defendant The Glen at Scripps Ranch CCRC, LLC's Motion for Summary Adjudication is granted.

'A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.' (CCP § 437c(f)(1).) The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If satisfied, the burden shifts to the opposing party to make his or her own prima facie showing of the existence of a triable issue of fact. (Id.) 'There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.' (Id.) The following facts are not disputed: (1) Plaintiff's employment with Defendant ended on December 4, 2020; (2) Plaintiff notified the LWDA of his intention to pursue a PAGA claim against Defendant on November 4, 2022; and (3) Plaintiff filed the instant action on November 3, 2022, and the operative First Amended Complaint ('FAC') on January 9, 2023. All class claims have previously been dismissed and only the PAGA cause of action remains.

'The statute of limitations for PAGA claims is one year.' (Brown v. Ralphs Grocery Co. (2018) 28 Cal.App.5th 824, 839 (citing CCP § 340(a)).) Plaintiff's PAGA cause of action began to accrue no later than December 4, 2020. Because December 4, 2021, was a Saturday, the statute of limitations expired on December 6, 2021. Therefore, his claims are barred. Furthermore, the Court finds that Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104 and Kim v. Reins International California, Inc. (2009) 9 Cal.4th 73 are inapposite as they address issues regarding standing, not application of the statute of limitations.

Finally, the Court finds Johnson v. Maxim Healthcare Services, Inc. (2021) 66 Cal.App.5th 924, 932 is distinguishable because the plaintiff in that case was still an employee and still bound to the terms of the purportedly illegal contract at issue.

Plaintiff's request for leave to amend is denied.

'Under the relation back doctrine, an amended complaint is deemed to have been filed at the time of the earlier complaint if the amended complaint (1) rests on the same general set of facts, (2) involve[s] the same injury, and (3) refer[s] to the same instrumentality. [Citation.] The doctrine cannot be used to frustrate the intent of the Legislature to require compliance with administrative procedures as a condition to filing an action.' (Brown, 28 Cal.App.5th at 841 (alterations and quotation marks omitted) (emphasis in original).) '[A]n untimely PAGA claim may relate back to an earlier complaint only if the complaint was Calendar No.: Event ID:  TENTATIVE RULINGS

2995690  22 CASE NUMBER: CASE TITLE:  JOSEPH VS THE GLEN AT SCRIPPS RANCH CCRC LLC [E-FILE]  37-2022-00045438-CU-OE-CTL preceded by timely notice to the LWDA.' (Esparza v. Safeway, Inc. (2019) 36 Cal.App.5th 42, 62.) Although Aaron Champion was employed during the statutory period Plaintiff's claim covers, substituting Mr. Champion as a plaintiff does not remedy the failure to provide timely notice to the LWDA. As such, the requested amendment is improper.

The minute order is the order of the Court.

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