Judge: Jon R. Takasugi, Case: BC648246, Date: 2024-03-28 Tentative Ruling



Case Number: BC648246    Hearing Date: March 28, 2024    Dept: 17

Superior Court of California

County of Los Angeles

 

DEPARTMENT 17

 

JOY SLAGEL

 

         vs.

 

LIBERTY MUTUAL INSURANCE COMPANY, ET AL.

 Case No.:   BC648246

 

 

 

 Hearing Date:  March 28, 2024

 

            Plaintiff’s Motion to Assign to Long Cause is DENIED. 

 

            On January 26, 2017, Plaintiff Joy Slagel (Plaintiff) filed suit against Liberty Mutual Insurance Company, Ariam Alemseghed, and Leann Lo, alleging: (1) age discrimination; (2) age harassment; (3) retaliation in violation of FEHA; (3) discrimination on the basis of taking disability leave in violation of FEHA; (5) retaliation for taking disability leave in violation of FEHA; (6) failure to provide reasonable accommodation in violation of FEHA; (7) failure to engage in the interactive process in violation of FEHA; (8) breach of express oral contract not to terminate employment without good cause; (9) breach of implied in fact contract not to terminate employment without good cause; (1)) wrongful termination of employment in violation of public policy;  (11) violation of Labor Code section 1102.5; and (12) intentional infliction of emotional distress (IIED).

 

            On February 27, 2024, Plaintiff Joy Slagel filed this instant Motion to Assign Case to Long Cause for Trial.  On March 15, 2024, Defendants Liberty Mutual Insurance Company, Airam Alemseghed and Leann Lo filed an opposition to Plaintiff’s motion.  On March 21, 2024, Plaintiff filed a reply. 

 

Legal Standard

 

            “Subject to the authority of the Presiding Judge to apportion the work of the court, the following actions, proceedings, and procedures are assigned in the CENTRAL DISTRICT (Stanley Mosk Courthouse) as follows.  These assignments do not apply to matters heard in other districts or in the Complex Litigation Departments…(e) Long cause trial (20 or more days of testimony)…Department where case is assigned, but may be transferred to the Supervising Judge of the Civil Division for assignment to a long cause department.”  (LASC Rule 2.8(e).) 

 

Discussion

 

            Based on LASC Rule 2.8(e), Department 1 makes the final determination of whether trial of a case should be designated a long cause trial.  Plaintiff must file a Long Cause Trial Package with Department 1 to obtain a determination regarding whether the case should be assigned to a Long-Cause Trial Judge.  (See Forms LACIV 216, 217 and 218.)  Per the instructions set forth in Form LACIV 217, “Submissions to Department 1 for Long Cause Trial Determination must have the following documwents electronically filed with the court.  Do not submit binders to Dept. 1.  [¶] Once the case is approved for Long-Cause Trial, parties must submit copies of these documents in 3-ring binders to the assigned Long-Cause Trial judge.” 

 

            Plaintiff’s Motion to Assign to Long Cause is denied. 

 

Dated:  March 28, 2024

                                                                                                                                               

Hon. Jon R. Takasugi

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.