Judge: Michael Shultz, Case: 24STCV30256, Date: 2025-04-08 Tentative Ruling
Case Number: 24STCV30256 Hearing Date: April 8, 2025 Dept: 40
24STCV30256
Tuesday,
April 8, 2025
[TENTATIVE]
ORDER
I.
BACKGROUND
Plaintiff
brings these claims against Defendants in various capacities as a consumer of services
and products of Defendant Target Corporation (Target) where Plaintiff was
subjected to an unsafe and hostile environment. Plaintiff also alleges that he
was a defendant in two underlying cases referred to as the “Buddenberg” and
“Molina/Song” cases, wherein Defendants breached their duty to defend and
indemnify Plaintiff, as an employee of Defendant, Watermark Security Group,
Inc., pursuant to contract.
At the
time Plaintiff was employed by Watermark, he was posted to Target’s premises
where he alleges he was attacked by assailants. Watermark is responsible for
his injuries. Watermark harassed Plaintiff by removing him from his position
and told him would no longer be provided regular employment. Watermark refused
to accommodate Plaintiff’s disabilities. Plaintiff alleges Watermark wrongfully
terminated him when he informed Watermark that he had retained a worker's
compensation attorney for his workplace injuries.
II.
ARGUMENTS
Defendant
Target demurs specifically to the claims alleged against it, in part because
Plaintiff has the same claims pending against Target in another matter bearing
Case No. 23STCV19129 Espinoza v. Target Corporation, et al. (Espinoza I).
Additionally, Plaintiff’s injury claims against Target are the subject of
Plaintiff’s first amended cross-complaint (FAXC) in Case No. 22STCV40016
Buddenberg v. Espinoza (Buddenberg case.)
The
court grants Defendant’s request to take judicial notice of the existence of these
actions over Plaintiff’s objections. Judicial notice of court records is permitted.
(Evid. Code, §452(d).)
III.
DISCUSSION
Before
reaching the merits of the demurrer and motion to strike, the existence of
other cases asserting the same claims as Defendant argues raises the issue of
whether the identical matters should be related.
The operative
complaint in Espinoza I (-9129) (third amended complaint) alleges that
Plaintiff was a victim of a crime while providing services to Defendants while
working as an employee of Watermark.
“Plaintiff brings
this action in multiple capacities: (1) As a victim of a violent crime who
suffered injury while providing “security” service for the Defendants while
working as the employee of Watermark at the subject premises, and; (2) as a
consumer of Defendants’ services and goods who was owed duties by Defendants
and whose civil rights were violated. At all relevant times herein, Defendants,
DOES, through their agents and employees, were the owners, operators, managers
and agents responsible for the subject premises, and security therefore,
operating in Los Angeles County.” (Def. RJN, Ex 3 ¶ 2.)
Plaintiff also alleges he
was subjected to a hostile environment at the subject premises. (Def. RJN, Ex 3,
FAC ¶ 10.)
Compare to Espinoza II (this case):
“Plaintiff brings this action in multiple capacities in
which he acted concurrently: (1) as a victim who suffered injury while
providing uniformed armed “security” services for Defendant TARGET while
working as the employee of Defendant WATERMARK and a contractor of TARGET at
the subject premises and other locations, and an employee of Defendant
WATERMARK who they discriminated against, harassed retaliated against and
wrongfully terminated, (2) as a party who was wrongfully included in lawsuits
as a Co-Defendant who was entitled to defense and indemnify by Defendants and
whose non-waivable rights to reimbursement of his expenses have been interfered
with by the Defendants, (3) as an injured consumer due to wrongful conduct
which concurrently occurred while he was as a consumer of TARGET’s services and
products who was owed additional duties by TARGET.” (Complaint herein.)
Plaintiff
alleges here that as a consumer of Target, he was subjected to an unsafe and
hostile environment. (Complaint, ¶ 4.)
Plaintiff
is a defendant in Case No. 22STCV40016 Buddenberg v. Enedino Espinoza, et al.,
which relates to the allegations in this case because Plaintiff’s injury claims
arise out of an altercation involving Buddenberg while at Target. (Def. RJN,
Ex. 4.)
Plaintiff
filed a first amended cross complaint (FAXC) in the Buddenberg against
Buddenberg and Target for what appears to be the same occurrences and events
alleged in this action. Plaintiff also alleges that Target and Watermark should
be required to defend and indemnify him in the Buddenberg action. (Def. RJN, Ex.
4 ¶ 44.)
In
this action, the first cause of action is for total and equitable indemnity
arising out of the Buddenberg action. (Complaint, 19:8-10.)
In
this action, Plaintiff brings a Bane Civil Rights claim under Civ. Code, § 52.1
for violation of his civil rights by subjecting him to threats, intimidation
and coercion. (Complaint, ¶ 85.) Espinoza
asserts the same cause of action in his FAXC filed in Buddenberg. (Def. RJN, Ex
4, ¶ 78.)
The
court’s file does not reflect that a notice of related case has been filed in
Espinoza I, the Buddenberg action, or this action. (Cal. Rules of Court, Rule
3.300, subd. (b), ["Whenever a party in a civil action knows or learns
that the action or proceeding is related to another action or proceeding
pending, dismissed, or disposed of by judgment in any state or federal court in
California, the party must serve and file a Notice of Related Case."].)
The
duty to provide notice that the action or proceeding is related to another
action or proceeding is a continuing duty. (Id. Rule 3.300 subd. (f).)
IV.
CONCLUSION
Accordingly,
the parties are ordered to comply with Rule 3.300, prepare, file and serve a
Notice of Related Cases in each of the cases with overlapping claims:
22STCV40016, 23STCV19129, and 24STCV30256 for determination of whether
these cases should be related and transferred by the court with the earliest
filed case. (Cal Rules of Court, Rule 3.300 subd. (h)(1)(A).)
The hearing on Defendant’s demurrer and
motion to strike are continued to