Case Number: BC585415 Hearing Date: February 21, 2020 Dept: 26

Superior Court of California
County of Los Angeles
Department 26

delia perdue; dina perdue-caldera; and roberto hinojosa,

Plaintiffs,

v.

Mobile Modular development, inc., et al.

Defendants.

Case No.: BC585415

Hearing Date: February 21, 2020

[TENTATIVE] order RE:

Defendant Mobile modular development inc.’s motion for SUMMARY ADJUdiCATION

Procedural Background

On August 30, 2016, Plaintiffs Delia Perdue, Dina Perdue-Caldera, and Roberto Hinojosa (collectively “Plaintiffs”) filed the operative second amended complaint against Defendants Mobile Modular Development, Inc., MMLB Associates, Dayz Holdings, LLC, Mara Dragos, and Does 1 through 25 for (1) age discrimination under Gov. Code section 12940, subdivision(a); (2) associational employment discrimination under Government Code section 12940, subdivision (a); (3) retaliation under Government Code section 12940, subdivision(h); (4) aiding and abetting employment discrimination under Government Code section 12940, subdivision(i); (5) harassment and failure to prevent harassment under Government Code section 12940, subdivisions (j-k); (6) wrongful termination in violation of public policy; (7) intentional infliction of emotional distress; (8) fraud and intentional deceit; (9) waiting time penalties under Labor Code sections 202, 203; (10) failure to pay earned wages in a timely manner under Labor Code sections 204, 206, 218.5, 218.6; (11) failure to furnish wage hour statements under Labor Code sections 226, 226.3; (12) failure to maintain payroll records under Labor Code sections 226, 1174, 1174.5; (13) failure to pay minimum compensation under Labor Code section 1194; (14) failure to pay overtime compensation under Labor Code sections 510, 1194; (15) unpaid wages of deceased spouse under Probate Code section 13600; (16) unfair competition under Business and Professions Code section 17200. Of these causes of action, Defendant Mara Dragos is not included in the first, second, third, sixth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, and sixteenth causes of action. Mobile Modular Development Inc. is not included in the fourth cause of action.

On December 16, 2016, Plaintiffs dismissed the fifth and eighth causes of action of the Second Amended Complaint as to defendants MMLB Associates, Dayz Holdings, LLC, and Mara Dragos with prejudice.

On December 6, 2019, Defendant Mobile Modular Development, Inc. (“Mobile Modular”) filed the instant motion for summary adjudication. No opposition has been filed.

Mobile Modular moves for summary adjudication against Delia Perdue as to the fifteenth cause of action, and for summary adjudication against Dina Perdue-Caldera as to all of the causes of action.

On February 18, 2020, Delia Perdue dismissed the fifteenth cause of action as to Mobile Modular with prejudice.[1] On February 18, 2020, Dina Perdue-Caldera dismissed the entirety of the Second Amended Complaint as to all defendants.

CONCLUSION AND ORDER

As Plaintiffs have voluntarily dismissed all of the causes of action at issue in the instant motion for summary adjudication, Mobile Modular Development, Inc.’s motion for summary adjudication is MOOT.

Mobile Modular is ordered to provide notice of this order and file proof of service of such.

DATED: February 21, 2020 ___________________________

Elaine Lu

Judge of the Superior Court

[1] Plaintiff Delia Perdue also dismissed the fifth, seventh, and eighth causes of action as to Mobile Modular with prejudice. Plaintiff Roberto Hinojosa on the same day dismissed the fifth, seventh, and eighth causes of action as to Mobile Modular with prejudice.