This case was last updated from Los Angeles County Superior Courts on 01/07/2021 at 02:46:38 (UTC).

BRIAN WHITAKER VS BOP FIGAT7TH LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Case Summary

On 04/24/2019 BRIAN WHITAKER filed a Civil Right - Other Civil Right lawsuit against BOP FIGAT7TH LLC, A DELAWARE LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4037

  • Filing Date:

    04/24/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

WHITAKER BRIAN

Defendants

CALIFORNIA PIZZA KITCHEN INC. A DELAWARE CORPORATION

AND DOES 1-10

BOP FIGAT7TH LLC A DELAWARE LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

GRACE PHYL

Defendant Attorney

LINK JAMES S.

 

Court Documents

Opposition (name extension) - Opposition Defendant California Pizza Kitchens Joinder In Defendant BOP Figat7ths Opposition To Motion For Summary Judgment Of Plaintiff

12/22/2020: Opposition (name extension) - Opposition Defendant California Pizza Kitchens Joinder In Defendant BOP Figat7ths Opposition To Motion For Summary Judgment Of Plaintiff

Minute Order - Minute Order (Hearing on Motion for Summary Judgment)

1/5/2021: Minute Order - Minute Order (Hearing on Motion for Summary Judgment)

Stipulation (name extension) - No Order - Stipulation - No Order WAIVER

10/28/2019: Stipulation (name extension) - No Order - Stipulation - No Order WAIVER

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

3/16/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Motion for Summary Adjudication - Motion for Summary Adjudication

7/8/2020: Motion for Summary Adjudication - Motion for Summary Adjudication

Memorandum of Points & Authorities - Memorandum of Points & Authorities

7/8/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion for Summary Adjudication) of 07/22/2020

7/22/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion for Summary Adjudication) of 07/22/2020

Minute Order - Minute Order (Court Order Re: Motion for Summary Adjudication)

7/22/2020: Minute Order - Minute Order (Court Order Re: Motion for Summary Adjudication)

Proof of Service by Mail - Proof of Service by Mail

7/27/2020: Proof of Service by Mail - Proof of Service by Mail

Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

8/4/2020: Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

Objection (name extension) - Objection TO NOTICE OF STAY

9/8/2020: Objection (name extension) - Objection TO NOTICE OF STAY

Reply (name extension) - Reply To Plaintiff's Objection to Defendants' Notice of Stay

9/10/2020: Reply (name extension) - Reply To Plaintiff's Objection to Defendants' Notice of Stay

Separate Statement - Separate Statement

10/8/2020: Separate Statement - Separate Statement

Reply (name extension) - Reply BRIEF

10/8/2020: Reply (name extension) - Reply BRIEF

Answer - Answer

5/21/2019: Answer - Answer

Summons - Summons on Complaint

4/24/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

4/24/2019: First Amended Standing Order - First Amended Standing Order

19 More Documents Available

 

Docket Entries

  • 04/27/2022
  • Hearing04/27/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 05/24/2021
  • Hearing05/24/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/15/2021
  • Hearing03/15/2021 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 02/01/2021
  • Hearing02/01/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 01/05/2021
  • DocketHearing on Motion for Summary Judgment scheduled for 03/15/2021 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 01/05/2021
  • DocketMinute Order (Hearing on Motion for Summary Judgment)

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  • 01/05/2021
  • DocketOn the Court's own motion, Hearing on Motion for Summary Judgment scheduled for 01/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 03/15/2021 11:00 AM

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  • 12/22/2020
  • DocketOpposition Defendant California Pizza Kitchen?s Joinder In Defendant BOP Figat7th?s Opposition To Motion For Summary Judgment Of Plaintiff; Filed by: BOP FIGAT7TH LLC, a Delaware Limited Liability Company (Defendant); California Pizza Kitchen, Inc., a Delaware Corporation (Defendant)

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  • 12/22/2020
  • DocketSupplemental Declaration Of James S. Link In Support Of Defendants? Opposition To Motion For Summary Judgment Of Plaintiff; Filed by: BOP FIGAT7TH LLC, a Delaware Limited Liability Company (Defendant); California Pizza Kitchen, Inc., a Delaware Corporation (Defendant)

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  • 12/22/2020
  • DocketSeparate Statement; Filed by: BOP FIGAT7TH LLC, a Delaware Limited Liability Company (Defendant); California Pizza Kitchen, Inc., a Delaware Corporation (Defendant)

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30 More Docket Entries
  • 05/13/2019
  • DocketProof of Service by Substituted Service; Filed by: Brian Whitaker (Plaintiff); As to: California Pizza Kitchen, Inc., a Delaware Corporation (Defendant); Proof of Mailing Date: 04/29/2019; Service Cost: 30.00; Service Cost Waived: No

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  • 05/02/2019
  • DocketProof of Personal Service; Filed by: Brian Whitaker (Plaintiff); As to: BOP FIGAT7TH LLC, a Delaware Limited Liability Company (Defendant); Service Date: 04/29/2019; Service Cost: 20.00; Service Cost Waived: No

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  • 04/25/2019
  • DocketNon-Jury Trial scheduled for 10/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/27/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/25/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 04/24/2019
  • DocketComplaint; Filed by: Brian Whitaker (Plaintiff); As to: BOP FIGAT7TH LLC, a Delaware Limited Liability Company (Defendant); California Pizza Kitchen, Inc., a Delaware Corporation (Defendant); and Does 1-10 (Defendant)

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  • 04/24/2019
  • DocketCivil Case Cover Sheet; Filed by: Brian Whitaker (Plaintiff); As to: BOP FIGAT7TH LLC, a Delaware Limited Liability Company (Defendant); California Pizza Kitchen, Inc., a Delaware Corporation (Defendant); and Does 1-10 (Defendant)

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  • 04/24/2019
  • DocketSummons on Complaint; Issued and Filed by: Brian Whitaker (Plaintiff); As to: BOP FIGAT7TH LLC, a Delaware Limited Liability Company (Defendant); California Pizza Kitchen, Inc., a Delaware Corporation (Defendant); and Does 1-10 (Defendant)

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  • 04/24/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/24/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04037    Hearing Date: January 05, 2021    Dept: 25

HEARING DATE: Tue., January 5, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Whitaker v. BOP FIGAT7TH, LLC, et al. COMPL. FILED: 11-20-19

CASE NUMBER: 19STLC04037 DISC. C/O: 04-24-21

NOTICE: OK DISC. MOT. C/O: 05-09-21

TRIAL DATE: 05-24-21

PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT

MOVING PARTY: Plaintiff Brian Whitaker

RESP. PARTY: Defendants BOP FIGAT7TH, LLC and California Pizza Kitchen, Inc.

MOTION FOR SUMMARY JUDGMENT

(CCP § 437c)

TENTATIVE RULING:

Plaintiff Brian Whitaker’s Motion for Summary Judgment is CONTINUED TO FEB 11, 2021 at 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendants must file supplemental papers as requested herein.

SERVICE:

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) OK

[X] 75/80 Day Lapse (CCP 12c and 1005 (b)) OK

OPPOSITION: Filed on October 1, 2020 [ ] Late [ ] None

REPLY: Filed on October 8, 2020 [ ] Late [ ] None

ANALYSIS:

  1. Background

On April 24, 2019, Plaintiff Brian Whitaker (“Plaintiff”) filed an action for violation of the Unruh Civil Rights Act against Defendants BOP FIGAT7TH, LLC (“BOP”) and California Pizza Kitchen, Inc. (“CPK”). Defendants filed a joint answer on May 21, 2019.

Plaintiff filed the instant Motion for Summary Judgment (the “Motion”) on July 8, 2020. Defendants filed a Notice of Bankruptcy Stay (the “Notice of Stay”) on August 4, 2020 as to all parties. Plaintiff filed an objection to the Notice of Stay on September 8, and Defendants filed a reply to the objection on September 20, 2020.

On October 1, 2020, Defendant BOP filed an opposition to the Motion and on October 18, 2020, Plaintiff filed a reply. Defendant CPK filed its opposition on December 22, 2020, to which no reply has been filed.

  1. Legal Standard

A party seeking summary judgment has the burden of producing evidentiary facts sufficient to entitle him/her to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Vesely v. Sager (1971) 5 Cal.3d 153.) The moving party must make an affirmative showing that he/she is entitled to judgment irrespective of whether or not the opposing party files an opposition. (Villa v. McFerren (1995) 35 Cal.App.4th 733.)

When a Defendant or Cross-Defendant seeks summary judgment, he/she must show either (1) that one or more elements of the cause of action cannot be established; or (2) that there is a complete defense to that cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) When a Plaintiff or Cross-Complainant seeks summary judgment, he/she must produce admissible evidence on each element of each cause of action on which judgment is sought. (Code Civ. Proc., § 437c, subd. (p)(1).) The moving party’s “affidavits must cite evidentiary facts, not legal conclusions or ‘ultimate’ facts” and be strictly construed. (Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1519; Hayman v. Block (1986) 176 Cal.App.3d 629, 639.)

The opposing party on a motion for summary judgment is under no evidentiary burden to produce rebuttal evidence until the moving party meets his or her initial movant’s burden. (Binder v. Aetna Life Insurance Company (1999) 75 Cal.App.4th 832.) Once the initial movant’s burden is met, then the burden shifts to the opposing party to show, with admissible evidence, that there is a triable issue requiring the weighing procedures of trial. (Code Civ. Proc., § 437c, subd. (p).) The opposing party may not simply rely on his/her allegations to show a triable issue but must present evidentiary facts that are substantial in nature and rise beyond mere speculation. (Sangster v. Paetkau (1998) 68 Cal.App.4th 151.) As to any alternative request for summary adjudication of issues, such alternative relief must be clearly set forth in the Notice of Motion and the general burden-shifting rules apply but the issues upon which summary adjudication may be sought are limited by statute. (Code Civ. Proc., § 437c, subd. (f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c, subd. (f)(1).)

  1. Discussion

  1. Notice of Bankruptcy Stay

As noted above, on August 8, 2020, Defendants filed a Notice of Stay as a result of Defendant CPK’s Chapter 11 bankruptcy petition. 11 U.S.C. section 362 provides for an automatic stay for proceedings against a debtor defendant following the filing of a bankruptcy petition. Plaintiff objects to Notice of Stay to the extent Defendants attempt to apply the stay to non-debtor Defendant BOP. (9/8/20 Plf. Objection, pp. 1-2.) Indeed, the automatic stay does not usually apply to non-debtor co-defendants. (Higgins v. Superior Court (2017) 15 Cal.App.5th 973, 981.)

Defendants argue the automatic stay in this particular case does extend to non-debtor Defendant BOP because Defendant CPK is defending and indemnifying Defendant BOP in this action. (9/10/20 Def. Reply to Objection, p. 1:18-23.) Courts have recognized a bankruptcy stay may be applied to non-debtor defendants in unusual circumstances. (Totten v. Kellogg Brown & Root, LLC (C.D. Cal. 2016) 152 F.Supp.3d 1243, 1268.) One such circumstance is when the judgment against a non-debtor defendant would in effect be a judgment or a finding against the debtor, such as when the bankruptcy debtor is contractually obligated to indemnify the non-debtor defendant in the same lawsuit. (Id.) However, in such circumstances, the non-debtor defendant must first seek an order from the bankruptcy court extending the automatic stay to the non-debtor defendant. (Id.)

Here, Defendant BOP has not secured an order from the bankruptcy court where Defendant CPK’s bankruptcy petition is pending extending the automatic stay to Defendant BOP. Without that order, the Court cannot extend the bankruptcy stay to a non-debtor defendant.

Thus, this hearing is CONTINUED to allow Defendant BOP the opportunity to obtain such an order from the bankruptcy court. If secured, a copy of the order must be filed with this Court no later than 16 court days before the next scheduled hearing.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Brian Whitaker’s Motion for Summary Judgment is CONTINUED TO FEB 11, 2021 at 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendants must file supplemental papers as requested herein.

Moving party is ordered to give notice.