Judge: Kerry Bensinger, Case: 22STCV33322, Date: 2024-10-10 Tentative Ruling

Case Number: 22STCV33322    Hearing Date: October 10, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      October 10, 2024                                                         TRIAL DATE:  Not set

CASE:                         Breanna Heather Chico v. Reform LA Jails Action, et al.

CASE NO.:                 22STCV33322

APPLICATION FOR DEFAULT JUDGMENT

MOVING PARTY:               Plaintiff Breanna Heather Chico

RESPONDING PARTY:     N/A

Plaintiff Breanna Heather Cho (Cho or Plaintiff) was hired as a consultant by Reform LA Jails Action (Reform LA).  During her employment, Christian Green (Green) was Cho’s supervisor.  Cho alleges that Green harassed and discriminated against Cho based on her race, gender, and sexual identity.  As a result, Plaintiff alleges she was constructively terminated from her employment.  Plaintiff further alleges she was not paid the requisite minimum wage during her employment and was not permitted to take statutorily provided rest breaks and uninterrupted meal breaks.

            On October 12, 2022, Plaintiff filed this action against Reform LA, Green, and Does 1 through 20, alleging causes of action for: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment, and retaliation; (5) declaratory judgment; (6) retaliation §98.6; (7) retaliation §1102.5; (8) wrongful termination; (9) misclassification of employees as “independent contractor”; (10) failure to pay wages; (11) failure to pay minimum wages; (12) failure to pay overtime compensation; (13) failure to provide rest periods; (14) failure to provide itemized wage and hour statement; (15) waiting time penalties; (16)  unfair competition; and (17) conversion.  All causes of action are asserted against Reform LA and Does 1 through 20.  The second cause of action for harassment is asserted against all defendants.

            On October 17, 2022, Plaintiff served Reform LA with the Summons, Complaint, and Statement of Damages by personal service.

            On December 9, 2022, the clerk of the court entered default against Reform LA.  On November 6, 2023, Plaintiff amended the Complaint to name Patrice Khan-Cullors, Arturo Carmona, Shalomyah Bowers, and Bowers Consulting Firm, as Does 1 to 4, respectively.

            On February 4, 2024, Plaintiff served Green with the Summons, Complaint, and Statement of Damages by substituted service.

            On March 26, 2024, Carmona answered the Complaint.

            On May 7, 2024, Plaintiff requested that Does 5-20 be dismissed from this action and concurrently filed an application for default judgment against Defendant Reform LA. 

On August 9, 2024, the court denied Plaintiff’s application.  The court continued the Order to Show Cause Re: default judgment as to defendant Reform LA Jails Action to October 10, 2024.  Plaintiff was directed to file an amended default judgment application no later than 5 court days before the OSC.

Plaintiff has not filed an amended default judgment application.  The court sets an OSC re sanctions for failure to file an amended default package as well as a continued hearing date re default judgment for December 2, 2024, at 8:30 am.

The court clerk to give notice.    

Dated:   October 10, 2024