Judge: Stephanie M. Bowick, Case: 21STCV22384, Date: 2023-12-11 Tentative Ruling

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Case Number: 21STCV22384    Hearing Date: January 9, 2024    Dept: 19

After consideration of the briefing filed, Plaintiff Jose Salazar’s unopposed Motion to Dismiss PAGA Claims is GRANTED.

Order signed this date. 

Counsel for Plaintiff to give notice.

STATEMENT OF THE CASE

This is an employment dispute case. Plaintiff Jose Salazar (“Plaintiff”) brings suit against Defendants CLW Foods, LLC (“CLW”) and HR Staffing Solutions, Inc. (collectively, “Defendants”) alleging the following causes of action:

1.     Failure To Pay Wages (Cal. Labor Code §§201, 1194);

2.     Failure To Provide Meal and Rest Periods (Cal. Labor Code §§226.7, 512);

3.     Failure To Provide Itemized Wage and Hour Statements (Cal. Labor Code §§226, Et Seq.);

4.     Waiting Time Penalties (Cal. Labor Code §§201-203);

5.     Private Attorney General Act (Cal. Labor Code §2699, Et Seq);

6.     Failure To Permit Inspection of Personnel and Payroll Records (Cal. Labor Code §1198.5); and

7.     Unfair Competition (Bus. & Prof. Code §17200 Et Seq.).

On July 7, 2023, the “Judgment Pursuant to Acceptance of Offer to Compromise” (the “Judgment”) was signed and entered by the Court. The Judgment is in favor of Plaintiff and against Defendant in the sum of $12,500.00 “plus reasonable attorneys’ fees and costs to be determined by the Court….”

Plaintiff filed the instant Motion to Dismiss PAGA Action (the “Motion”).

GROUNDS FOR MOTION

 Pursuant to Code of Civil Procedure section 583.150, Plaintiff moves for an order dismissing the PAGA Claims without prejudice on the ground that the claim cannot proceed in light of the approval of the settlement in the case of Maria Martinez-Zuniga v. HR Staffing Solutions, Inc.; CLW Foods, LLC, Case No. 19STCV29270.

DISCUSSION

As an initial matter, Defendants failed to oppose the instant Motion, effectively consenting to the Court granting it. (See Cal. R. Ct., 8.54(c) [“A failure to oppose a motion may be deemed a consent to the granting of the motion.”].)

Code of Civil Procedure section 583.150 provides that Code of Civil Procedure sections 583.110 through 583.430 do not “limit or affect the authority of the court to dismiss an action… under inherent authority of the court.” (Code Civ. Proc., § 583.110.)

Further, Code of Civil Procedure section 581, subdivision (c) provides that “[a] plaintiff may dismiss his or her complaint, or any cause of action asserted in it, in its entirety, or as to any defendant or defendants, with or without prejudice prior to the actual commencement of trial.” (Code Civ. Proc., § 581(c).)

Trial has not actually commenced, and Plaintiff moves to dismiss the Private Attorneys General Act (“PAGA”) claim without prejudice.