Judge: Joel R Wohlfeil, Case: 37-2023-00047604-CU-OE-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 13, 2024

02/16/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2023-00047604-CU-OE-CTL MOORE VS MOSSY NISSAN OCEANSIDE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 12/11/2023

The Motion (ROA # 9) of Mossy Nissan, Inc. dba Mossy Nissan Oceanside ('non-party' or 'Mossy') for an order (1) compelling Plaintiff JUSTIN MOORE ('Plaintiff') to submit his individual PAGA claim to binding arbitration, and (2) stay non-individual PAGA claims, is DENIED.

Plaintiff's evidentiary objections (ROA # 19) are OVERRULED.

Plaintiff's evidentiary objections (ROA # 20) are OVERRULED IN PART and SUSTAINED IN PART.

The objections are, except as noted, OVERRULED. Nos. 4, 5, 6, 7, 8, 9, 10 and 11 are SUSTAINED.

This action is alleged against 'MOSSY NISSAN OCEANSIDE ... a California Corporation ....' Complaint at ΒΆ 3.

In contrast, this Motion is made by 'Mossy Nissan, Inc. dba Mossy Nissan Oceanside.' Although Mossy Nissan, Inc. may do business as Mossy Nissan Oceanside and may have a fictitious business name filed with the San Diego County Recorder's Office, it remains a different and distinct legal entity.

As a result, it is a non-party to this action and lacks standing to prosecute this Motion.

The Court emphasizes that this ruling is made without prejudice of the ability of either Mossy Nissan Oceanside making this motion as a non-signatory, 'affiliated' entity, or Mossy Nissan, Inc. remaking this Motion after becoming a party to this action (e.g., intervention).

The Court also emphasizes that it does not address whether Plaintiff has sued the correct employer entity. This is a substantive issue that will be addressed at a future proceeding and may ultimately effect Plaintiff's ability to recover.

Given this ruling, the Court does not address Plaintiff's other arguments in opposition to this Motion.

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