Judge: Yvette M. Palazuelos, Case: 24STCV00377, Date: 2024-04-09 Tentative Ruling
Case Number: 24STCV00377 Hearing Date: April 9, 2024 Dept: 9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
Ramon Carter v Pilot Travel Centers, LLC and Pilot
Corporation,
24STCV00377.
All
parties in this action were notified on March 21, 2024 via Case Anywhere that
effective April 2, 2024, and until further notice, Judge Elaine Lu will be
temporarily assigned to Department 9 at 312 N. Spring Street, Los Angeles,
California 90012, Spring Street Courthouse.
On April 4, 2024, the Court again
notified all parties in this action via Case Anywhere that until further
notice, Judge Elaine Lu has been assigned to Department 9, including the
instant action. The Court required all
parties to respond either (a) by indicating acceptance of Judge Elaine Lu to
preside over this action during her temporary assignment to Department 9 via
Case Anywhere, or (b) by filing a peremptory challenge under Code of Civil
Procedure section 170.6 (if one was still available to that party).
Having
been so advised, all parties in this action have indicated via Case Anywhere
that they accept the assignment of Judge Elaine Lu to preside over the case
during her temporary assignment to Department 9.
As
the parties have indicated their acceptance of the judicial assignment, the
Court hereby posts the following tentative ruling for the April 5, 2024 Initial
Status Conference:
CASE MANAGEMENT
ORDER
This action has been designated
as complex pursuant to CRC 3.400(a), and thus requires exceptional judicial
management. All provisions of this CMO are deemed necessary to carry out the
purposes of Rule 3.400(a), and to promote effective decision-making by the
Court. They are based upon individual consideration of this complex action,
including the Status Conference Reports previously filed by the parties.
1.
The Court lifts the pleading stay and orders Defendants
to file and serve a response to the summons and complaint by May 6, 2024. If Defendants
wish to move to challenge the complaint, Defendants must call the Court PRIOR
to filing and serving to obtain a hearing date and briefing schedule. The Court
sets a Non-Appearance Case Review for May 13, 2024, 8:30 AM, Department 9, to confirm
that Defendants have filed the Responsive Pleading. If the parties wish to extend the deadline
for Defendants to file their responsive pleading while the parties are pursuing
private mediation, the parties may file a stipulation identifying their
scheduled mediation date and requesting an extension for Defendants to file
their responsive pleading and a proposed order.
2.
Phased Discovery. Discovery will be phased with the stay lifted once
the answer is filed and served or, if applicable, after the Court rules on the
pleading challenge. The Court will permit class certification discovery only.
Informal discovery is permitted. Merits-based discovery will be allowed after a
successful class certification motion. If there is a dispute concerning whether
or not a given request is certification or merits-based, the parties must set
up a telephonic conference with the court.
2.
3.
Class list discovery. The decision in In Re Insurance
Installment Fee cases (2012) 211 Cal.App.4th 1395, 1426-1429, held that the
notice procedure prescribed by the trial court and followed by the defendant
was necessary to protect privacy rights under the California Constitution. The parties therefore shall use the procedure
described in Belaire-West Landscape v Superior Court (2008) 149
Cal.App.4th 554 to notify putative class members, as described in the
applicable paragraph of the currently operative complaint, giving them the
opportunity to opt out. The parties must
share the cost of the procedure equally.
a. Plaintiff
is to take the lead and prepare a proposed letter to be sent out by the
agreed-upon third party administrator.
The parties must discuss and settle upon a final version.
b. The
letter must be written using the administrator’s letterhead, not that of any
party.
c. The
defense must turn over the contact information consisting of name, address,
phone number, and email address (if available) to the third-party
administrator.
d. In
the event the putative class list is greater than 400 people, the administrator
must randomly select a sample of no more than 400. The contact information for those persons
who did not opt out must be turned over to the plaintiff.
4.
Protective Order. Parties are alerted that model protective
orders may be found at Los Angeles Superior Court website at http://www.lacourt.org/division/civil/CI0043.aspx. The parties are encouraged to use these model
orders as shown, or if modified, as a template for the modified order. A redlined courtesy copy must be posted on
the e-service bulletin board and lodged with the court at the time of filing.
The parties must use the redlined version to identify any changes proposed to
the model order.
5.
E-service & E-filing. Electronic service is not the same as
electronic filing. The parties have
agreed, and the Court has signed an order authorizing Case Anywhere as the
e-service to be used in this case.
Argument must not be posted on the bulletin board. For information on electronic filing in the
Complex Courts, please refer to https://www.lacourt.org/division/efiling/efiling2.aspx
and http://www.lacourt.org/division/efiling/pdf/ComplexefilingFAQs.pdf.
6.
Class Certification Motion. The Class Certification Motion filing and service
deadline is April 7, 2025;
on or before this date, Plaintiff must file and serve the Class Certification
Motion. The plaintiff is reminded that
the plaintiff’s brief must contain a trial plan. The trial plan must be filed
as a separate brief. Counsel must call
the Court for a hearing date prior to filing and serving the motion. The Court sets a nonappearance case
management review for April
14, 2025, 8:30 AM, Department 9.
7.
Telephonic conferences. The Court handles pleading and discovery
motions informally, using telephonic/video conferences and LA CourtConnect.
Counsel must call the clerk to arrange a date for a telephonic/video conference
and then call the clerk back to confirm that all relevant parties have
scheduled the telephonic/video conference with LA CourtConnect. The telephonic/video conference will
automatically be taken off calendar if all relevant parties have not scheduled
the telephonic/video conference with LA CourtConnect. Parties must file and serve a 5-page joint
brief two days before the conference. Since these conferences are informal, no
court reporter or audio recording is permitted.
8.
Potential Related Cases. Counsel are ordered to file and serve a
Notice of Related Case for any potentially related cases pursuant California
Rule of court Rule 3.300. This is a
continuing obligation on both plaintiffs and defendants while this case is
pending.
9.
Settlement.
File any Notice of Settlement on Judicial Council form CM-200, a
mandatory form.
a. If the parties’ settlement includes a
settlement, compromise, or dismissal of any class action claim, then Plaintiff
must comply with CRC 3.769 and 3.770 in order to obtain court approval for the
settlement, compromise, or dismissal of class claims. Do NOT use Judicial Council Form
Civ-110, Request for Dismissal to dismiss any class action claim.
10.
Future Dates.
From the Joint Initial Status Conference Statement, the parties appear
interested in negotiating a resolution of this matter, including with a private
mediator if they are unable to negotiate a resolution of the action on their
own without a mediator. The parties’ joint
request to set November 1, 2024 as their mediation completion date is
GRANTED. No later than November 8, 2024,
the parties must file a joint status report regarding completion of
mediation. The Court hereby sets a
non-appearance case review re filing of a joint mediation status report for
November 15, 2024 at 8:30 am.
IT IS SO
ORDERED.
The Court’s Judicial
Assistant shall give notice of this order to all parties.
DATED: April 4,
2024
__________________________
ELAINE
LU
Judge
of the Superior Court