Judge: Stephen I. Goorvitch, Case: BC716737, Date: 2023-03-21 Tentative Ruling

Case Number: BC716737    Hearing Date: March 21, 2023    Dept: 39

Sylvia Noland v. Jose Luis Nazar, et al.

Case No. BC716737

Case Management Order

            Plaintiff Sylvia Noland (“Plaintiff”) filed this employment action against Land of the Free, L.P. and Jose Luis Nazar (collectively, “Defendants”) on August 7, 2018.  In her second amended complaint, which was filed on August 2, 2019,  Plaintiff asserts 25 causes of action, including claims for wrongful termination and wage and hour violations, as well as a claim for penalties under the Private Attorneys General Act.  This case originally was assigned to the Honorable David Sotelo, Superior Court Judge, who sustained a demurrer to the ninth, tenth, and eighteenth causes of action.

            Following Judge Sotelo’s retirement, the case was reassigned to the Honorable Anne Richardson, Superior Court Judge.  Defendant filed a peremptory challenge under Code of Civil Procedure section 170.6 on February 14, 2023, and the case was reassigned to the undersigned on February 17, 2023.  Defendant’s counsel filed no proof of service indicating that he served the peremptory challenge or minute order reassigning the case.  Rather, Plaintiff’s counsel received notice of the reassignment on February 27, 2023, when the Court issued a notice of case management conference.  It is clear that Plaintiff’s counsel understood the case had been reassigned, as he filed a motion for sanctions on March 2, 2023, and noticed the motion for hearing in Department #39.  Because this is an all-purpose assignment, Plaintiff’s counsel had 15 days to file a peremptory challenge (plus another five days because notice was provided by mail).  This deadline ran on Sunday, March 19, 2023, meaning that Plaintiff had until Monday, March 20, 2023, to file a peremptory challenge.  He failed to do so.  Therefore, the Court shall proceed with the case management conference.   

            Originally, trial in this matter was set for May 2, 2023, but the trial date was vacated when the case was reassigned.  The Court sets the following dates:

Motions for Sanctions:                        May 8, 2023, at 8:30 a.m.

Motion for Summary Judgment:        May 8, 2023, at 8:30 a.m.

Final Status Conference:                     June 2, 2023, at 9:30 a.m.      

Trial:                                                    June 13, 2023, at 9:30 a.m.

The discovery and motions deadlines shall be based on the former trial date (May 2, 2023). 

The Court orders the parties to comply with all pretrial procedures for Department #39.  The parties shall file joint trial documents on or before May 25, 2023.   

The Court’s clerk shall provide notice.