Judge: Randall J. Sherman, Case: 2022-01253263, Date: 2022-10-28 Tentative Ruling

Defendant Chevron Stations, Inc.’s unopposed Demurrer to Plaintiffs’ Complaint or, in the Alternative, Motion to Stay Pending Another Similar Action, is overruled as to the Demurrer and granted as to the Motion to Stay.  Defendant’s Request for Judicial Notice is granted.  This action is stayed pending the resolution of the earlier-filed related cases which concern many of the same claims and many of the same parties involved in this case: (1) Lucia Rush-Alfaro v. Chevron Stations, Inc., Los Angeles County Superior Court Case No. 21STCV29441, filed on August 10, 2021; (2) Hemant Rasiklal Shah v. Chevron Stations, Inc., Santa Clara County Superior Court Case No. 21CV390041, filed on November 5, 2021; and (3) Nichole Wesley v. Chevron Stations, Inc., Solano County Superior Court Case No. FCS058002, filed on March 24, 2022, or until further order of this court.  The Case Management Conference set for today is ordered off calendar.  A Stay Review Hearing is set for April 27, 2023 at 9:00 a.m.  The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if appropriate.

A demurrer pursuant to CCP §430.10(c) on the ground of another action pending, also called a statutory plea of abatement, requires an absolute identity of the parties.  Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal. App. 3d 781, 788.  Plaintiffs Shaw and Nguyen have brought PAGA claims in Santa Clara County Superior Court, but are not plaintiffs as to the PAGA claims asserted in this case; they assert only class action claims here.  Thus, CCP §430.10(c) does not apply.

However, plaintiffs here allege many if not all of the same labor law violations that the plaintiffs in the three prior actions allege in their pleadings.  It is therefore in the interests of comity and the conservation of judicial resources to avoid potential conflicting rulings and allow the earlier-filed cases to proceed first, eliminating the risk of multiple and inconsistent judgments in different cases.  Shaw v. Superior Court (2022) 78 Cal. App. 5th 245, 255-63; Lawyers Title Ins. Corp. v. Superior Court (1984) 151 Cal. App. 3d 455, 460.  As a result, a stay is warranted, in the court’s discretion.

Defendant is ordered to give notice of the ruling unless notice is waived.