Judge: Joel R Wohlfeil, Case: 37-2022-00036585-CU-OE-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - October 25, 2023

10/27/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00036585-CU-OE-CTL WHITE VS EL CAJON POST ACUTE LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Sanctions, 08/31/2023

The Motion (ROA # 40) Defendant EL CAJON POST ACUTE, LLC ('Defendant') for an order for sanctions against Plaintiff KRISTI LYNN WHITE, individually, and on behalf of all others similarly situated ('Plaintiff'), pursuant to California Code of Civil Procedure section 128.7, is DENIED.

The evidentiary objections (ROA # 49) are OVERRULED.

Defendant fails to establish that this action was filed and is being continued for an improper purpose, or that the claim asserted is not warranted by existing law. Code Civ. Proc. 128.7(b).

Importantly, Defendant has not obtained a substantive ruling finding that this action is barred by the applicable limitations period. Plaintiff makes a reasonable argument supporting the position that the PAGA action is not barred.

Calendar No.: Event ID:  TENTATIVE RULINGS

3015248