Judge: Marcella O. Mclaughlin, Case: 37-2022-00030734-CU-OE-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Other employment Motion Hearing to Certify/Decertify Class Action 37-2022-00030734-CU-OE-CTL JOHNSON VS ALSTOM TRANSPORTATION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/22/2023

The unopposed motion to decertify class allegations and PAGA claims is DENIED.

The court lacks jurisdiction to rule on the motion because the case has been dismissed. See ROA 70-74. '[V]oluntary dismissal of an entire action deprives the court of both subject matter and personal jurisdiction in that case, except for the limited purpose of awarding costs and statutory attorney fees.' Gorgi v. Jack in the Box Inc. (2008) 16 Cal.App.4th 255, 261.

Moreover, even if the court had jurisdiction, the motion is untimely. Notice of a motion to decertify a class must be filed and served at least 28 calendar days before the hearing. CRC 3.764(c)(1). Here, the motion was filed and served on November 22, 2023. This was less than 28 calendar days before the scheduled hearing date. Plaintiff has not opposed the motion. Thus, objections to defects in service have not been waived.

Finally, on the merits, defendants have not cited any authority suggesting that a preemptive decertification motion is appropriate under the circumstances of this case.

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