Judge: Stephen P. Pfahler, Case: 22CHCV00628, Date: 2023-05-17 Tentative Ruling
Case Number: 22CHCV00628 Hearing Date: May 17, 2023 Dept: F49
Dept.
F-49
Date:
5-17-23 c/f 2-21-23
Case
#22CHCV00628
Trial
Date: N/A
DEADLINE EXTENSION
MOVING
PARTY: Plaintiff, Jade Mendez
RESPONDING
PARTY: Unopposed/Defendant, Falcon Pictures, et al.
RELIEF
REQUESTED
Motion
for Extension of Time for Service of Process
SUMMARY
OF ACTION
In
August 2019, Plaintiff Jade Mendez began assisting with television production
for Defenadnt Falco Pictures, et al. as an unpaid intern. Plaintiff was offered
paid employment on a movie beginning in November 2019. Plaintiff alleges a
series of comments on her appearance and uninvited physical contact.
On
August 11, 2022, Plaintiff filed a complaint for Sex Discrimination/Sexual
Harassment Hostile Work Environment, Sex Discrimination/Sexual Harassment Quid
Pro Quo, Gender Discrimination, and Vicarious Liability/Respondeat Superior.
RULING: Continued.
Plaintiff Jade Mendez moves for an extension of deadlines to
complete service of process, due to the difficulty of locating and serving
defendants Freddy Sauceda, Deana Molle, and Christian Gutierrez.
A concurrent OSC re:
Referral to Department 1 for a potential transfer remains set on the calendar
for the same date. Unless and until a ruling is made on a potential motion for
transfer before Department 1, the court continues to decline to consider any
substantive issues regarding deadlines, service of process, appearances, and/or
any other motion potentially interfering with a potential change of
jurisdiction pending potential reassignment to Central District.
Plaintiff to give notice.
Dept. F-49
Date: 5-17-23
Case #22CHCV00628
Trial Date: N/A
OSC RE: VENUE
MOVING PARTY: Plaintiff, Jade Mendez
RESPONDING PARTY: Unopposed/Defendant, Falcon Pictures, et al.
RELIEF REQUESTED
OSC re: Change of Venue to Department 1
SUMMARY OF ACTION
In August 2019, Plaintiff Jade Mendez began assisting with television production for Defendant Falco Pictures, et al. as an unpaid intern. Plaintiff was offered paid employment on a movie beginning in November 2019. Plaintiff alleges a series of comments on her appearance and uninvited physical contact.
On August 11, 2022, Plaintiff filed a complaint for Sex Discrimination/Sexual Harassment Hostile Work Environment, Sex Discrimination/Sexual Harassment Quid Pro Quo, Gender Discrimination, and Vicarious Liability/Respondeat Superior.
RULING: Case is referred to Department 1 for Reassignment.
The court set an OSC re: Referral to Department 1 for a potential transfer to Central District. Only Plaintiff and Deana Molle and Plaintiff submitted supplemental briefs on the issue, whereby the parties agree the action belongs in Central District. Plaintiff in fact represents an effort to file the action in Central District, but due error in the address in the Civil Cover sheet, the case was assigned to Department 49 in Chatsworth.
“[M]otions to transfer a civil action from one district to another, including motions based upon a failure to file the case in accordance with the requirements set forth in this Chapter must be made in Department 1 in the Central District.” (Los Angeles Local Rule 2.3(b)(2).) "(B) Optional Filing: Except as set forth in subsection (A) above, (Mandatory Filing), or in subsection (C) (Northeast District), or (D) (Northwest District) below, an unlimited civil or Family Code action may be filed in the Central District or may be filed in a district other than the Central District, as determined by the description of the case below, in the following cases: ... Employment cases, where the contract of employment was performed or where the employer resides or does business..." (Los Angeles Local Rule 2.3(a)(1)(B).)
Pursuant to the parties’ requests, the Court hereby refers this case forthwith to Department 1 for reassignment. It’s clear that Plaintiff sought a Central District assignment and that the North Valley District is not the appropriate district.
Plaintiff to give notice.