NIA GILBERT VS. BEACON HILL STAFFING GROUP, LLC ET AL

Set for Law and Motion/Discovery Calendar on Thursday, September 25, 2025, Line 6. PLAINTIFF NIA GILBERT's Motion For Dismissal Of Representative Action Without Prejudice.

Plaintiff Nia Gilbert's unopposed Motion For Dismissal Of Representative Action Without Prejudice is DENIED WITHOUT PREJUDICE. Plaintiff moves under Labor Code section 2699. The court will not dismiss PAGA claims pursuant to section 2699 absent proof that the moving papers and proposed order have been submitted to LWDA. (See Labor Code section 2699(s)(2) ["The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court."].)

To the extent Plaintiff relies-however tentatively-on California Rule of Court, rule 3.770, which covers dismissal of a class action or class claims, the motion is denied because on this record the court cannot determine that absent class members will not be prejudiced. Plaintiff claims her PAGA claims have been folded into another action, but that complaint is not before the court. Further, Plaintiff must explain why she filed two actions close in time in different state courts involving substantially similar issues and why doing so was proper in light of the prohibitions against claim splitting and forum shopping. If Plaintiff files another motion seeking the same or substantially similar relief, she must include a copy of this order and address the issues raised above.

Plaintiff is ordered to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for hearing.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.