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This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:56:54 (UTC).

FRED BERALUS VS HONDA OF SANTA MONICA ET AL

Case Summary

On 08/18/2017 FRED BERALUS filed a Labor - Wrongful Termination lawsuit against HONDA OF SANTA MONICA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GAIL FEUER and MICHELLE WILLIAMS COURT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2988

  • Filing Date:

    08/18/2017

  • 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 Judges

GAIL FEUER

MICHELLE WILLIAMS COURT

 

Party Details

Plaintiff and Petitioner

BERALUS FRED

Defendants and Respondents

HSU TOMMY

FIRST AMERICA AUTOMOTIVE INC

AYRIA KAMBIZ

SONIC AUTOMOTIVE INC

KIM BILLY

DOES 1 TO 100

HONDA OF SANTA MONICA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SHEGERIAN CARNEY R. ESQ.

SHEGERIAN CARNEY RICHARD ESQ.

Defendant Attorney

HOLLOWAY KEVIN B.

 

Court Documents

PLAINTIFF FRED BERALUS'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT HONDA OF SANTA MONICA'S PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS; EXHIBITS

2/8/2018: PLAINTIFF FRED BERALUS'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT HONDA OF SANTA MONICA'S PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS; EXHIBITS

REPLY BRIEF IN SUPPORT OF PETITION TO COMPEL ARBITRATION

2/15/2018: REPLY BRIEF IN SUPPORT OF PETITION TO COMPEL ARBITRATION

OPPOSITION TO PLAINTIFF FRED BERALUS'S REQUEST FOR EVIDENTIARY HEARING AND TO PRESENT ORAL TESTIMONY ON DEFENDANT HONDA OF SANTA MONICA'S PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

2/15/2018: OPPOSITION TO PLAINTIFF FRED BERALUS'S REQUEST FOR EVIDENTIARY HEARING AND TO PRESENT ORAL TESTIMONY ON DEFENDANT HONDA OF SANTA MONICA'S PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

Minute Order

2/23/2018: Minute Order

Minute Order

3/27/2018: Minute Order

NOTICE OF UNAVAILABILITY OF COUNSEL

4/25/2018: NOTICE OF UNAVAILABILITY OF COUNSEL

NOTICE OF ORDER GRANTING MOTION FOR INTERVENTION, WITH AMENDED NOTICE OF RELATED CASES

6/7/2018: NOTICE OF ORDER GRANTING MOTION FOR INTERVENTION, WITH AMENDED NOTICE OF RELATED CASES

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

7/3/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

NOTICE OF CASE REASSIGNMENT

7/11/2018: NOTICE OF CASE REASSIGNMENT

NOTICE OF SETTLEMENT OF CLASS ACTION

8/21/2018: NOTICE OF SETTLEMENT OF CLASS ACTION

Notice of Ruling

11/13/2018: Notice of Ruling

Notice of Ruling

11/15/2018: Notice of Ruling

JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

12/15/2017: JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

PROOF OF SERVICE

9/18/2017: PROOF OF SERVICE

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

9/18/2017: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

PROOF OF SERVICE SUMMONS

8/25/2017: PROOF OF SERVICE SUMMONS

PLAINTIFF FRED BERALUS'S COMPLAINT FOR DAMAGES FOR: (1) DISCRIMINATION ON THE BASIS OF RACE, ANCESTRY AND/OR NATIONAL ORIGIN 111 VIOLATION OF FEHA; ETC

8/18/2017: PLAINTIFF FRED BERALUS'S COMPLAINT FOR DAMAGES FOR: (1) DISCRIMINATION ON THE BASIS OF RACE, ANCESTRY AND/OR NATIONAL ORIGIN 111 VIOLATION OF FEHA; ETC

PROOF OF SERVICE OF SUMMONS

8/23/2017: PROOF OF SERVICE OF SUMMONS

34 More Documents Available

 

Docket Entries

  • 08/15/2019
  • Hearingat 08:30 AM in Department 78 at 111 North Hill Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 05/09/2019
  • Docketat 08:30 AM in Department 78; Post-Arbitration Status Conference - Held - Continued

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  • 05/09/2019
  • DocketMinute Order ( (Post-Arbitration Status Conference)); Filed by Clerk

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  • 02/08/2019
  • DocketNotice of Lodging; Filed by Plaintiff/Petitioner

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  • 12/19/2018
  • DocketNotice (of Unavailability of Counsel)

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  • 11/15/2018
  • DocketNotice of Ruling (Re Defendants' Motion to Compel Arbitration and Stay Proceedings); Filed by FRED BERALUS (Plaintiff)

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  • 11/13/2018
  • DocketNotice of Ruling; Filed by HONDA OF SANTA MONICA (Defendant)

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  • 11/08/2018
  • Docketat 08:30 AM in Department 78; Hearing on Motion to Confirm Arbitration Award - Held

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  • 11/08/2018
  • DocketOrder (Ruling Re: Defendant Honda of Santa Monica's Petition to Compel Arbitration); Filed by Clerk

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  • 11/08/2018
  • DocketMinute Order ((Hearing on Motion to Confirm Arbitration Award)); Filed by Clerk

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60 More Docket Entries
  • 08/25/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/23/2017
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 08/23/2017
  • DocketProof-Service/Summons; Filed by FRED BERALUS (Plaintiff)

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  • 08/23/2017
  • DocketProof-Service/Summons; Filed by FRED BERALUS (Plaintiff)

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  • 08/23/2017
  • DocketProof-Service/Summons; Filed by FRED BERALUS (Plaintiff)

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  • 08/23/2017
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 08/23/2017
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 08/18/2017
  • DocketSUMMONS

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  • 08/18/2017
  • DocketComplaint; Filed by FRED BERALUS (Plaintiff)

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  • 08/18/2017
  • DocketPLAINTIFF FRED BERALUS'S COMPLAINT FOR DAMAGES FOR: (1) DISCRIMINATION ON THE BASIS OF RACE, ANCESTRY AND/OR NATIONAL ORIGIN 111 VIOLATION OF FEHA; ETC

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Tentative Rulings

Case Number: BC672988    Hearing Date: August 14, 2020    Dept: 78

Superior Court of California

County of Los Angeles

Department 78

FRED BERALUS;

Plaintiff,

vs.

HONDA OF SANTA MONICA, ET AL.;

Defendant.

Case No.:

BC 672988

Hearing Date:

August 14, 2020

[TENTATIVE] RULING RE:

Defendant HONDA OF SANTA MONICA’S PETITION TO confirm abitrator award dismissing action with prejudice

Defendant Honda of Santa Monica’s Petition to Confirm Arbitrator Award Dismissing Action with Prejudice is GRANTED.

FACTUAL BACKGROUND

This is an employment discrimination case. The Complaint alleges as follows. Plaintiff Fred Beralus (“Beralus”) was employed by Defendants Honda of Santa Monica, FirstAmerica Automotive, Inc. and Sonic Automotive Inc. for five years, beginning in March 2012. (Complaint at p. 2, ¶ 8.) Beralus, an African-American from Port-au-Prince, Haiti, was the target of racist and homophobic insults by his supervisors, and he witnessed the racist treatment of another employee. (Complaint ¶¶ 10–11d.) Beralus also refused to engage in the forging of bank applications on behalf of the company and in selling vehicles to customers without valid IDs and proof of insurance. (Complaint ¶¶ 11e–11i.) Beralus was constructively discharged on January 16, 2017. (Complaint ¶ 12a.)

procedural history

Beralus filed his Complaint on August 18, 2017, alleging 13 causes of action:

  1. Discrimination based on race in violation of FEHA
  2. Harassment based on race in violation of FEHA
  3. Retaliation based on race in violation of FEHA
  4. Discrimination based on sex in violation of FEHA
  5. Harassment based on sex in violation of FEHA
  6. Retaliation based on sex in violation of FEHA
  7. Violation of Labor Code § 1102.5;
  8. Violation of Private Attorney General Act Labor Code 2698, Et Seq.;
  9. Breach of Express Oral Contract not to Terminate Employment Without Good Cause;
  10. Breach of Implied-In-Fact Contract not to Terminate Employment Without Good Cause;
  11. Retaliation for complaining of sexual harassment in violation of FEHA;
  12. Failure to prevent discrimination harassment and retaliation in violation of FEHA;
  13. Intentional Infliction of Emotional Distress

On November 8, 2018, this Court granted Honda’s Petition to Compel Arbitration.

On November 15, 2019, Honda filed the instant Petition to Confirm Arbitrator Award Dismissing Action with Prejudice.

Beralus has not filed an Opposition.

Discussion

  1. MOTION TO COMPEL ARBITRATION

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc. § 1285.) A petition must include (a) the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement, (b) the names of the arbitrators, and (c) a copy of the award and the written opinion of the arbitrators, if any. (Code Civ. Proc. § 1285.4.)

A petition to confirm an arbitration award must be filed and served within four years of the date of the service of the signed copy of the award on the petition, but the petition may not be filed until at least ten days after service of signed copy of the award upon the petitioner. (Code Civ. Proc. §§ 1288, 1288.4.) Service of a petition must be “in the manner provided in the arbitration agreement for the service of such petition and notice.” (Code Civ. Proc. § 1290.4.) If the arbitration agreement does not provide the manner for service, “[s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ. Proc. § 1290.4, subd. (b)(1).)

“A petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days' notice of the date set for the hearing on the petition shall be given.” (Code Civ. Proc. § 1290.2.)

Here, on March 13, 2019, Plaintiff’s counsel “presented counsel for Defendant with a Joint Stipulation to Dismiss the case with prejudice, including the provision that ‘plaintiff will not apply for future employment with defendants or any of their corporate affiliates.’” (Motion at p. 2.) The Defendants agreed to the Stipulation and the parties agreed to enter into a Settlement Agreement, but the Settlement Agreement was never signed. (Motion at p. 2.)

On May 20, 2019, the arbitrator, Hon. Suzanne Bruguera (the “Arbitrator”) signed an order granting Plaintiff’s counsel’s Motion to be Relieved as Counsel, a copy of the Order and a Notice for an OSC re: Dismissal was served on Plaintiff on May 21, 2019. (Holloway Decl., ¶ 2.) On June 28, 2019, the Arbitrator conducted a telephonic status conference and OSC re: Why the Matter Should Not be Dismissed, but Plaintiff did not appear. (Holloway Decl., ¶ 3.) The Arbitrator attempted to contact Plaintiff via the provided phone number, but Plaintiff did not answer and there was no voicemail system. (Holloway Decl., ¶ 3.) Accordingly, the Arbitrator ordered the matter dismissed with prejudice, and the order was served on Plaintiff on July 1, 2019. (Holloway, Decl. ¶ 3.)

The current Petition seeks to confirm the Arbitrator’s order issued on June 28, 2019 dismissing the action with prejudice. (Motion at p. 3.)

The Petition has not been opposed, and there is no evidence that the arbitrator’s order should be vacated. Defendants have provided Proof of Service of this Petition on Plaintiff Beralus. Defendants have included a copy of the written Order by the Arbitrator, as required by Code of Civil Procedure section 1285.4, which confirms Defendants’ representations of the Order.

Accordingly, the Petition to Confirm Arbitrator Award Dismissing Action with Prejudice is GRANTED.

Petitioner to provide notice.

DATED: August 14, 2020

_________­­­­­­_________________________

Hon. Robert S. Draper

Judge of the Superior Court

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