Judge: Michael Shultz, Case: 21CMCV00185, Date: 2022-07-28 Tentative Ruling

Case Number: 21CMCV00185    Hearing Date: July 28, 2022    Dept: A

21CMCV00185 MOLINA v. LINCOLN TRANSPORTATION SERVICES, INC.

[TENTATIVE] ORDER TAKING OFF CALENDAR THE HEARING ON MOTION FOR AN ORDER TO SHOW CAUSE RE: CONTEMPT AND FOR TERMINATING AND MONETARY SANCTIONS AGAINST DEFENDANT

The First Amended Complaint (“FAC”), filed on July 22, 2021, alleges that Defendant employed Plaintiff and others similarly situated, and violated wage and hour laws. Plaintiff brings an action to recover penalties against Defendant under the Private Attorney General Act for Defendant’s violations of the Labor Code.

      On July 6, 2022, Plaintiff served Defendant with a Motion For (1) AN ORDER TO SHOW CAUSE RE CONTEMPT; (2) TERMINATING SANCTIONS AGAINST DEFENDANT LINCOLN TRANSPORTATION SERVICES, INC.; AND (3) MONETARY SANCTIONS OF $1,331.20 AGAINST LINCOLN TRANSPORTATION SERVICES, INC., AND ITS COUNSEL OF RECORD.  The motion was served electronically and by mail.   The motion should have been served on July 1, 2022, to allow for 16 court days of notice increased by two court days to account for electronic service. Code Civ. Proc., §§ 1005, 1010. The court’s docket does not reflect that Defendant filed an opposition.

            Accordingly, the motion is taken off calendar for defective service.