Judge: Lee W. Tsao, Case: 21NWCV00797, Date: 2024-04-23 Tentative Ruling

Case Number: 21NWCV00797    Hearing Date: April 23, 2024    Dept: C

Fernando Arana vs Rodolfo Casasola, et al.

Case No.: 21NWCV00797

Hearing Date: April 18, 2024 @ 10:30 AM

#7

Tentative Ruling

Plaintiff’s Motion for Summary Judgment is CONTINUED to May 21, 2024 at 10:30 a.m. in Dept. SE-C.  Plaintiff may file a response to Defendants’ Sur-Reply on or before April 30, 2024.  No additional briefing will be considered.

Plaintiff to give notice.

Plaintiff Fernando Arana filed this wage and hour action against Defendant Rudy’s Wholesale Corp. on December 1, 2021.  Plaintiff filed a First Amended Complaint to include Defendants Rodolfo Casasola and Teresa Casasola on June 8, 2023. 

The FAC lists six causes of action for: (1) Failure to Pay Wages; (2) Failure to Provide Meal Periods; (3) Failure to Provide Rest Periods; (4) Failure to Issue Accurate Itemized Wage Statements; (5) Failure to Pay Overtime Wages; (6) Unlawful/Unfair Business Practices.

Plaintiff moves for Summary Judgment or in the alternative Summary Adjudication for each cause of action.

On April 19, 2024, without leave of court, Defendants filed a Sur-Reply.  Later on the same day, Plaintiff filed an objection to the unauthorized Sur-Reply.  The Court will exercise its discretion to consider the Sur-Reply.  Plaintiff’s Motion for Summary Judgment is CONTINUED to May 21, 2024 at 10:30 a.m. in Dept. SE-C.  Plaintiff may file a response to Defendants’ Sur-Reply on or before April 30, 2024.  No additional briefing will be considered.