Judge: Mark E. Windham, Case: 20STLC04103, Date: 2023-03-29 Tentative Ruling

Case Number: 20STLC04103    Hearing Date: March 29, 2023    Dept: 26

Whitaker v. Starbucks Corp., et al.

MOTION FOR ATTORNEY’S FEES

(Civil Code § 52(a))

TENTATIVE RULING: 

Plaintiff Brian Whittaker’s Motion for Attorney’s Fees is CONTINUED TO MAY 24, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. OPPOSITION AND REPLY PAPERS ARE TO BE FILED AND SERVED PER THE CODE OF CIVIL PROCEDURE.

ANALYSIS:

Plaintiff Brian Whitaker (“Plaintiff”) filed the instant action for violation of the Unruh Civil Rights Act (“the Unruh Act”) against Defendant Starbucks Corporation (“Defendant”) on May 13, 2020. Defendant filed its Answer on June 12, 2020.  On February 16, 2021, the Court denied Plaintiff’s Motion for Summary Judgment. (Minute Order, 02/16/21.) A notice of settlement was filed on November 4, 2021. An Order to Show Cause re: Dismissal (Settlement) was set for February 8, 2022 and has been continued multiple times. The Order to Show Cause is currently set for hearing on March 29, 2023.

Plaintiff filed the instant Motion for Attorney’s Fees March 10, 2023, with a Motion Addendum filed on March 14, 2023. Plaintiff filed a reply on March 22, 2023, indicating that they had been served with an opposition, but o opposition has been filed with the Court to date.

The instant Motion and Motion Addendum were filed less than 16 court days prior to the hearing date, as required by Code of Civil Procedure section 1005. The Motion papers should have been filed by March 7, 2023, but were instead filed up to a week late. The Court declines to exercise its discretion to hear the Motion on shortened time. Regardless of Plaintiff’s contention that Defendant suffered no prejudice in responding to the Motion, there is no opposition in the Court’s record. Nor does Plaintiff consider the prejudice to the Court in reviewing the papers on a shortened briefing schedule, given the case load in this department.

Accordingly, the hearing is continued to May 24, 2023 at 10:00 am in Department 26 in the Spring Street Courthouse. Any opposition and reply papers are to be filed and served per the Code of Civil Procedure.

Conclusion

Plaintiff Brian Whittaker’s Motion for Attorney’s Fees is CONTINUED TO MAY 24, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. OPPOSITION AND REPLY PAPERS TO BE FILED AND SERVED PER THE CODE OF CIVIL PROCEDURE.

Moving party to give notice.