This case was last updated from Los Angeles County Superior Courts on 06/10/2019 at 22:30:24 (UTC).

OSCAR A MUNOZ VS TIME WARNER CABLE ET AL

Case Summary

On 11/28/2016 OSCAR A MUNOZ filed a Labor - Wrongful Termination lawsuit against TIME WARNER CABLE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHANIE M. BOWICK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1842

  • Filing Date:

    11/28/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHANIE M. BOWICK

 

Party Details

Plaintiff and Petitioner

MUNOZ OSCAR A.

Defendants and Respondents

SERAFIN VIVALDO

TIME WARNER CABLE

WYLY JOHN

DOES 1 TO 100

PEACOCK JOHN

CHARTER COMMUNICATION INC.

TIME WARNER CABLE INC.

CHARTER COMMUNICATIONS HOLDING COMPANY

CABLE TIME WARNER

Not Classified By Court

TIME WARNER CABLE ADMINISTRATION LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SHEGERIAN CARNEY R. ESQ.

WEBB JERRY L. ESQ.

Defendant and Respondent Attorneys

BEVERLIN AMY E.

CARR J. SCOTT ESQ.

 

Court Documents

Notice

1/11/2019: Notice

Notice of Change of Address or Other Contact Information

4/22/2019: Notice of Change of Address or Other Contact Information

AMENDMENT TO COMPLAINT

12/2/2016: AMENDMENT TO COMPLAINT

PROOF OF SERVICE SUMMONS

12/19/2016: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

1/5/2017: PROOF OF SERVICE SUMMONS

PLAINTIFF OSCAR A. MUNOZ'S FIRST AMENDED COMPLAINT FOR DAMAGES FOR: (1) VIOLATION OF LABOR CODE SECTION 1102.5; ETC.

1/19/2017: PLAINTIFF OSCAR A. MUNOZ'S FIRST AMENDED COMPLAINT FOR DAMAGES FOR: (1) VIOLATION OF LABOR CODE SECTION 1102.5; ETC.

Unknown

4/6/2017: Unknown

DEFENDANTS' NOTICE OF CHANGE OF ATTORNEY CONTACT INFORMATION

4/13/2017: DEFENDANTS' NOTICE OF CHANGE OF ATTORNEY CONTACT INFORMATION

DEFENDANTS' RESPONSE TO PLAINTIFF?S EX PARTE APPLICATION TO ADVANCE HEARING DATE ON MOTIONS TO COMPEL FURTHER RESPONSES AND DEPOSITIONS

8/28/2017: DEFENDANTS' RESPONSE TO PLAINTIFF?S EX PARTE APPLICATION TO ADVANCE HEARING DATE ON MOTIONS TO COMPEL FURTHER RESPONSES AND DEPOSITIONS

NOTICE OF RULING RE STIPULATION TO STAY THE PROCEEDING PENDING PALINTIFF'S OSCAR MUNOZ'S DEPLOYMENT AND ORDER

8/29/2017: NOTICE OF RULING RE STIPULATION TO STAY THE PROCEEDING PENDING PALINTIFF'S OSCAR MUNOZ'S DEPLOYMENT AND ORDER

PLAINTIFF OSCAR A. MUNOZ'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT TIME WARNER CABLE ADMINISTRATION LLC TO PRODUCE DOCUMENTS, WITHOUT OBJECTION, AND FOR ALL DEFENDANTS TO PROVIDE VERIFICATIONS

9/7/2017: PLAINTIFF OSCAR A. MUNOZ'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT TIME WARNER CABLE ADMINISTRATION LLC TO PRODUCE DOCUMENTS, WITHOUT OBJECTION, AND FOR ALL DEFENDANTS TO PROVIDE VERIFICATIONS

PLAINTIFF OSCAR MUNOZ'S EX PARTE APPLICATION TO MODIFY THE FILING DEADLINES FOR THE OPPOSITION AND REPLY BRIEF TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES; ETC

9/19/2017: PLAINTIFF OSCAR MUNOZ'S EX PARTE APPLICATION TO MODIFY THE FILING DEADLINES FOR THE OPPOSITION AND REPLY BRIEF TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES; ETC

ORDER GRANTING MODIFIED FILING SCHEDULE RE OPPOSITION AND REPLY BRIEF TO PLAINTIFF'S MOTION TO COMPEL FURTHER DISCOVERY

9/19/2017: ORDER GRANTING MODIFIED FILING SCHEDULE RE OPPOSITION AND REPLY BRIEF TO PLAINTIFF'S MOTION TO COMPEL FURTHER DISCOVERY

NOTICE OF RULING RE PLAINTIFF'S EX PARTE TO MODIFY THE FILING SCHEDULE FOR THE OPPOSITION AND REPLY BRIEF TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES

9/19/2017: NOTICE OF RULING RE PLAINTIFF'S EX PARTE TO MODIFY THE FILING SCHEDULE FOR THE OPPOSITION AND REPLY BRIEF TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES

PLAINTIFF OSCAR A. MUNOZ'S REPLY IN SUPPORT OF MOTION TO COMPEL DEFENDANT TIME WARNER CABLE ADMINISTRATION LLC ETC

9/25/2017: PLAINTIFF OSCAR A. MUNOZ'S REPLY IN SUPPORT OF MOTION TO COMPEL DEFENDANT TIME WARNER CABLE ADMINISTRATION LLC ETC

NOTICE OF RULING RE PLAINTIFF'S MOTION TO COMPEL DEFENDANT TWC ADMINISTRATION LLC TO PRODUCE DOCUMENTS WITHOUT OBJECTION, FOR ALL DEFENDANTS TO PROVIDE VERIFICATIONS FOR ALL OF THEIR WRITTEN RESPONSES

9/29/2017: NOTICE OF RULING RE PLAINTIFF'S MOTION TO COMPEL DEFENDANT TWC ADMINISTRATION LLC TO PRODUCE DOCUMENTS WITHOUT OBJECTION, FOR ALL DEFENDANTS TO PROVIDE VERIFICATIONS FOR ALL OF THEIR WRITTEN RESPONSES

Minute Order

9/29/2017: Minute Order

NOTICE OF RULING RE ORDER RE PLAINTIFF'S DEPOSITIONS OF DEFENDANTS' PERSONS MOST KNOWLEDGEABLE RE REASONABLE ACCOMMODATIONS AND COMPARATIVE STATISTICAL DATA

10/11/2017: NOTICE OF RULING RE ORDER RE PLAINTIFF'S DEPOSITIONS OF DEFENDANTS' PERSONS MOST KNOWLEDGEABLE RE REASONABLE ACCOMMODATIONS AND COMPARATIVE STATISTICAL DATA

46 More Documents Available

 

Docket Entries

  • 05/13/2019
  • Notice (of WD of Attorney as Co-Counsel-Munoz Signature); Filed by Oscar A. Munoz (Plaintiff)

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  • 04/23/2019
  • Notice (JOINT STATUS UPDATE RE MANDATORY SETTLEMENT CONFERENCE SCHEDULING); Filed by Oscar A. Munoz (Plaintiff)

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  • 04/22/2019
  • Notice of Change of Address or Other Contact Information; Filed by Time Warner Cable, Inc. (Defendant)

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  • 01/18/2019
  • at 09:00 AM in Department 19; Trial Setting Conference - Held

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  • 01/18/2019
  • Minute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 01/11/2019
  • at 09:00 AM in Department 19; Trial Setting Conference - Not Held - Continued - Court's Motion

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  • 01/11/2019
  • Certificate of Mailing for (Minute Order (Trial Setting Conference) of 01/11/2019); Filed by Clerk

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  • 01/11/2019
  • Minute Order ((Trial Setting Conference)); Filed by Clerk

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  • 01/11/2019
  • Notice (NOTICE OF TRIAL SETTING CONFERENCE CONTINUANCE); Filed by Oscar A. Munoz (Plaintiff)

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  • 12/18/2018
  • Notice of Ruling; Filed by Oscar A. Munoz (Plaintiff)

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106 More Docket Entries
  • 12/06/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 12/02/2016
  • AMENDMENT TO COMPLAINT

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  • 12/02/2016
  • AMENDMENT TO COMPLAINT

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  • 12/02/2016
  • AMENDMENT TO COMPLAINT

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  • 12/02/2016
  • Amendment to Complaint; Filed by Oscar A. Munoz (Plaintiff)

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  • 12/02/2016
  • Amendment to Complaint; Filed by Oscar A. Munoz (Plaintiff)

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  • 12/02/2016
  • Amendment to Complaint; Filed by Oscar A. Munoz (Plaintiff)

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  • 11/28/2016
  • Complaint; Filed by Oscar A. Munoz (Plaintiff)

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  • 11/28/2016
  • SUMMONS

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  • 11/28/2016
  • PLAINTIFF OSCAR A. MUNOZ'S COMPLAINT FOR DAMAGES FOR: (1) VIOLATION OF LABOR CODE 1102.5; ETC

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Tentative Rulings

Case Number: BC641842    Hearing Date: December 10, 2019    Dept: 19

MOTION 1:  Defendant Time Warner Cable Administration LLC’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication

The hearing on Defendant TWC Administration LLC’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication, set for December 10, 2019, is advanced to this date and CONTINUED to February 27, 2020, at 8:30 a.m., Department 19 at Stanley Mosk Courthouse. 

Plaintiff Oscar A. Munoz’s request for a continuance pursuant to Code of Civil Procedure, section 437c, subdivision (h), is GRANTED.  The Court finds that Plaintiff has sufficiently established under CCP section 437c(h) that facts essential to justify his opposition may exist, but to no fault of his own, cannot be presented to the Court until the depositions are completed. The Court also finds that Plaintiff initially sought to conduct the depositions prior to filing the opposition to Defendant’s motion for summary judgment, but for reasons not of the fault of Plaintiff, the depositions did not go forward. 

Finally, the Court finds that due to the continued trial date of October 20, 2020, there is no undue prejudice to Defendant to continue hearing on Defendant’s motion. 

The Court sets the following briefing schedule:

1. Plaintiff’s Supplemental Opposition based on the deposition testimony and Defendant’s Supplemental Reply.  Plaintiff’s Supplemental Opposition is to be filed or before February 7, 2020. 

2. Defendant’s Supplemental Reply is to be filed on or before February 14, 2020.

The supplemental memo of points and authorities is limited to 10 pages each side and is limited to the issues raised from the testimony and evidence obtained in the depositions.  Courtesy copies must be delivered to Department 19 by 12 noon the next business day the document is filed.

In addition, the Court also orders a supplemental declaration from Plaintiff regarding the issue of where Mr. Munoz executed his declaration that was submitted in support of his Opposition. Defendant has objected to the entire declaration on the grounds that it is false because it purports to have been signed in Los Angeles on November 5, 2019, but Plaintiff’s counsel represented that Plaintiff was deployed for Navy duties in mid-October 2019 and will not return until May 2020. (See Reply Obj. No. 1; Supp. Vartanian Decl. ¶ 4.)    Plaintiff’s Supplemental Declaration regarding the Mr. Munoz’s Declaration is to be filed on or before February 7, 2020.  Defendant’s Supplemental objection, if any, is due on or before February 14, 2020.

Counsel for Defendant to give notice.

MOTION 2:  Defendants Vivaldo Serafin, John Peacock, and John Wyly’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication

For the same reasons set forth above, the hearing on Defendants Vivaldo Serafin, John Peacock, and John Wyly’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication,  is  CONTINUED to February 27, 2020, at 8:30 a.m., Department 19 at Stanley Mosk Courthouse. 

The same supplemental briefing schedule applies. In addition, the same requirements for the declaration of Plaintiff applies.

The Court  similarly finds no undue prejudice to Defendants in granting the continuance to allow for  completion of the discovery sought by Plaintiff in support of his Opposition.

Counsel for Defendants to give notice.

Case Number: BC641842    Hearing Date: November 12, 2019    Dept: 19

1.  Defendants Vivaldo Serafin, John Peacock, and John Wyly’s Motion for Summary Judgment, or Alternatively, Summary Adjudication is CONTINUED TO December 10, 2019, 8:30 a.m.  The Court finds the following deficiencies:  (1) Moving Defendants have not supplied the Court with printed courtesy copies (See General Order re: Mandatory Electronic Filing for Civil and Department 19 Courtroom Information Link on the LASC website); (2) Moving Defendants have not complied with the General Order re: Mandatory Electronic Filing for Civil because the Exhibits filed in support of Defendants’ motion are not electronically bookmarked; (3) Plaintiff has not complied with the General Order re: Mandatory Electronic Filing for Civil because Plaintiff has failed to electronically file the Opposition papers. 

The Court orders Moving Defendants to deliver printed courtesy copies to Department 19 by November 15, 2019.  The Court orders Moving Defendants to re-file the Compendium of Evidence with all exhibits electronically tabbed and Plaintiff to electronically file all Opposition papers by November 15, 2019. 

The Court orders Moving Defendants to deliver printed courtesy copies to Department 19, and re-file ALL moving papers in compliance with the e-filing requirements by November 15, 2019.

The Post-Mediation Status Conference is CONTINUED TO December 20, 2020, 9:00 a.m.

Moving parties to give notice.