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26STCV07114·la·Civil·Complex Civil
Hearing todayGRANTED

Not stated

Notice of Related Case

Hearing date
Aug 24, 2026
Department
9
Prevailing
Moving Party
Next hearing
Sep 18, 2026

Motion type

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leave to file an amended complaint. If Defendant again fails to respond upon being served with the amended complaint, a request for entry of Defendant's default on the Amended Complaint may then possibly lead to a request for entry of default judgment in an amount equal to or less than that stated in the Amended Complaint. To be clear, the Court is not ordering Plaintiff to amend the operative Complaint; if, after considering the above, Plaintiff voluntarily wishes to amend the operative Complaint to give notice of the amount of damages that Plaintiff seeks to recover in the event of a default judgment, the Court hereby grants leave for Plaintiff to do so.

By no later than September 11, 2026, Plaintiff's Counsel must file either a request for entry of GATE GOURMET, INC's default or a declaration explaining the failure to seek and obtain GATE GOURMET, INC's default, setting forth any and all efforts undertaken to obtain GATE GOURMET, INC's default, and explaining why sanctions (including monetary sanctions of at least $1,000) should not be imposed for failure to timely seek GATE GOURMET, INC's default, in compliance with California Rules of Court, Rule 3.720. Failure to comply by September 11, 2026 may result in the Court setting an OSC re sanctions.

The operative complaint currently does not include any claim for civil penalties pursuant to Labor Code section 2699 (PAGA penalties). If Plaintiff wishes to amend the Complaint to add a claim for PAGA penalties and is prepared to do so, the Court hereby lifts the stay to grant Plaintiff leave to file an amended complaint adding a claim for PAGA penalties as long as Plaintiff files and serves such amended complaint by no later than September 11, 2026. To be clear, the Court is not ordering Plaintiff to amend the operative Complaint; if Plaintiff voluntarily wishes to amend the operative Complaint to add a claim for PAGA penalties, the Court is simply granting leave for Plaintiff to do so.

By no later than September 11, 2026, Plaintiff must file and serve a status report as to whether Plaintiff intends to file either a separate action for PAGA penalties or an amended complaint in the instant action adding a claim for PAGA penalties, and if so, when Plaintiff intends to file the claim for PAGA penalties (either as a complaint in a separate action or by way of amendment to the complaint in this action).

The previously imposed stay on the entirety of this action (including the pleadings and discovery) remains in effect with the exception that if Plaintiff wishes, Plaintiff may file and serve an amended complaint adding a PAGA claim and adding allegations to give notice of the amount of damages that Plaintiff seeks to recover in the event of a default judgment.

The Initial Status Conference is continued to October 16, 2026 at 8:30 am. The parties are to file a Joint Initial Status Conference Report by no later than October 9, 2026 in compliance with the Court's Initial Status Conference order. Plaintiff's Counsel is ordered to give notice to all other parties and file proof of service of such. Case Number: 26STCV07114 Hearing Date: August 24, 2026 Dept: 9 {Please file in 26STCV07114 and 26STCV15480}

The Court has received and reviewed the Notice of Related Case filed on 8/5/26, seeking to relate 26STCV07114 and 26STCV15480. CRC 3.300(h)(A) controls, and the complex department with the earliest complex case determines whether the cases are related. After review of the cases and files, the Court finds that Case Nos. 26STCV07114 and 26STCV15480, are related within the meaning of California Rules of Court, rule 3.300(a). 26STCV07114 is the lead case. For good cause shown, said cases are assigned to Judge Elaine Lu in Department 9 at Spring Street Courthouse for all purposes.

The court reminds the parties that at this juncture, the cases have only been related and have not been consolidated. Accordingly, any stipulation, joint status report or other document that applies to both cases must be separately filed - once in each case; it will not suffice to file such document only in one case.

All parties in all related cases (26STCV07114 and 26STCV15480) are ordered to appear for a status conference on 9/18/26 at 8:30 am. This will be an Initial Status Conference as to both Case No. 26STCV07114 (which was already previously assigned to Department 9) and Case No. 26STCV15480 (which is hereby transferred to Department 9 by way of this minute order). All other dates are advanced and vacated.

All parties in all related cases (26STCV07114 and 26STCV15480) are ordered to meet and confer regarding any stipulations that may be reached regarding sharing of discovery that already has been exchanged in each of the related cases and coordination of the remaining discovery by all parties to all related actions so as to avoid duplication of discovery efforts (written discovery and depositions). By no later than 9/11/26, the parties must file a jointly proposed omnibus Case Management Order addressing the balance of discovery and discovery motions for all related cases. Please include a timeline and deadlines for filing class certification motions. If the parties cannot reach agreement on all issues, the parties may file a Joint Status Report re Discovery and Case Management that sets forth the respective position of all parties.

In 26STCV15480, the Court makes further orders pursuant to the "Initial Status Conference Order" signed and filed this date. The parties in 26STCV15480 are ordered to file a Joint Initial Status Conference Report in compliance with the Initial Status Conference Order by no later than five court days prior to the Initial Status Conference. Do NOT use the Judicial Council Form CM-110 (Case Management Statement) for this purpose.

The Judicial Assistant is to give notice to the Moving Party who filed the notice of related cases, and the Moving Party is ordered to give further and formal notice to all parties in all cases that are listed in the notice of related cases and file proof of service of such. Case Number: 26STCV07325 Hearing Date: August 24, 2026 Dept: 9 The Court hereby distributes a tentative ruling for the Case Management Order. The parties are welcome to provide input and propose modification(s) to any aspect of the CMO at the Initial Status Conference. If all parties submit on the tentative CMO prior to the commencement of the August 24, 2026 ISC, the Court will adopt the tentative CMO, and the parties need not appear. However, if there is any matter that any

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