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This case was last updated from Los Angeles County Superior Courts on 05/04/2021 at 07:43:17 (UTC).

JORGE LUIS VASQUEZ VS J & A RENTS & SELLS, INC., A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 10/28/2020 JORGE LUIS VASQUEZ filed a Labor - Wrongful Termination lawsuit against J A RENTS SELLS, INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1441

  • Filing Date:

    10/28/2020

  • 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

LAURA A. SEIGLE

 

Party Details

Plaintiff

VASQUEZ JORGE LUIS

Defendants

BINNS BOB

J & A RENTS & SELLS INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Defendant Attorney

MULLIS TRISTAN A

Other Attorneys

CHAMI POUYA B.

 

Court Documents

Stipulation and Order - STIPULATION AND ORDER AMENDED JOINT STIPULATION AND PROPOSED ORDER FOR APPROVAL OF PAGA SETTLEMENT

4/16/2021: Stipulation and Order - STIPULATION AND ORDER AMENDED JOINT STIPULATION AND PROPOSED ORDER FOR APPROVAL OF PAGA SETTLEMENT

Minute Order - MINUTE ORDER (ORDER RE: STIPULATION FOR APPROVAL OF PAGA SETTLEMENT)

4/8/2021: Minute Order - MINUTE ORDER (ORDER RE: STIPULATION FOR APPROVAL OF PAGA SETTLEMENT)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER RE: STIPULATION FOR APPROVAL OF PAGA SETTLEMENT) OF 04/08/2021

4/8/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER RE: STIPULATION FOR APPROVAL OF PAGA SETTLEMENT) OF 04/08/2021

Minute Order - MINUTE ORDER (COURT ORDER RE: RESCHEDULING OF CASE MANAGEMENT CONFERENCE)

2/10/2021: Minute Order - MINUTE ORDER (COURT ORDER RE: RESCHEDULING OF CASE MANAGEMENT CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: RESCHEDULING OF CASE MANAGEMENT CONFERENCE) OF 02/10/2021

2/10/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: RESCHEDULING OF CASE MANAGEMENT CONFERENCE) OF 02/10/2021

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR CHANGE OF VENUE)

1/27/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR CHANGE OF VENUE)

Declaration - DECLARATION DECLARATION OF POUYA CHAMI IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO TRANSFER VENUE

1/12/2021: Declaration - DECLARATION DECLARATION OF POUYA CHAMI IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO TRANSFER VENUE

Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO TRANSFER VENUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

1/12/2021: Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO TRANSFER VENUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Reply - REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO TRANSFER VENUE

1/20/2021: Reply - REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO TRANSFER VENUE

Objection - OBJECTION TO DECLARATION OF POUYA CHAMI ISO PLAINTIFF'S OPPOSITION TO MOTION TO TRANSFER

1/20/2021: Objection - OBJECTION TO DECLARATION OF POUYA CHAMI ISO PLAINTIFF'S OPPOSITION TO MOTION TO TRANSFER

Memorandum of Points & Authorities

12/31/2020: Memorandum of Points & Authorities

Declaration - DECLARATION OF LES SUMPTER ISO DEFENDANTS' MOTION TO TRANSFER VENUE

12/31/2020: Declaration - DECLARATION OF LES SUMPTER ISO DEFENDANTS' MOTION TO TRANSFER VENUE

Motion for Change of Venue

12/31/2020: Motion for Change of Venue

Civil Case Cover Sheet

10/28/2020: Civil Case Cover Sheet

Complaint

10/28/2020: Complaint

Notice of Case Assignment - Unlimited Civil Case

10/28/2020: Notice of Case Assignment - Unlimited Civil Case

Summons - SUMMONS ON COMPLAINT

10/28/2020: Summons - SUMMONS ON COMPLAINT

Notice of Case Management Conference

10/29/2020: Notice of Case Management Conference

8 More Documents Available

 

Docket Entries

  • 05/19/2021
  • Hearing05/19/2021 at 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 04/16/2021
  • DocketAmended Joint Stipulation and Order for Approval of PAGA Settlement; Filed by Jorge Luis Vasquez (Plaintiff)

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  • 04/08/2021
  • Docketat 08:30 AM in Department 48, Laura A. Seigle, Presiding; Case Management Conference - Held

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  • 04/08/2021
  • Docketat 3:00 PM in Department 48, Laura A. Seigle, Presiding; Court Order

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  • 04/08/2021
  • DocketCertificate of Mailing for ((ORDER RE: STIPULATION FOR APPROVAL OF PAGA SETTLEMENT) of 04/08/2021); Filed by Clerk

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  • 04/08/2021
  • DocketMinute Order ( (ORDER RE: STIPULATION FOR APPROVAL OF PAGA SETTLEMENT)); Filed by Clerk

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  • 04/08/2021
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 04/06/2021
  • Docketat 08:30 AM in Department 48, Laura A. Seigle, Presiding; Case Management Conference - Not Held - Continued - Court's Motion

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  • 02/10/2021
  • Docketat 3:30 PM in Department 48, Laura A. Seigle, Presiding; Court Order

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  • 02/10/2021
  • DocketMinute Order ( (Court Order re: Rescheduling of Case Management Conference)); Filed by Clerk

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6 More Docket Entries
  • 01/12/2021
  • DocketDeclaration (DECLARATION OF POUYA CHAMI IN SUPPORT OF PLAINTIFF?S OPPOSITION TO DEFENDANTS? MOTION TO TRANSFER VENUE); Filed by Jorge Luis Vasquez (Plaintiff)

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  • 12/31/2020
  • DocketDeclaration (of Sevada Hakopian ISO Defendants' Motion to Transfer Venue); Filed by J & A Rents & Sells, Inc., a California corporation (Defendant); Bob Binns (Defendant)

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  • 12/31/2020
  • DocketMemorandum of Points & Authorities; Filed by J & A Rents & Sells, Inc., a California corporation (Defendant); Bob Binns (Defendant)

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  • 12/31/2020
  • DocketMotion for Change of Venue; Filed by J & A Rents & Sells, Inc., a California corporation (Defendant); Bob Binns (Defendant)

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  • 12/31/2020
  • DocketDeclaration (of Les Sumpter ISO Defendants' Motion to Transfer Venue); Filed by J & A Rents & Sells, Inc., a California corporation (Defendant); Bob Binns (Defendant)

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  • 10/29/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 10/28/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 10/28/2020
  • DocketSummons (on Complaint); Filed by Jorge Luis Vasquez (Plaintiff)

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  • 10/28/2020
  • DocketCivil Case Cover Sheet; Filed by Jorge Luis Vasquez (Plaintiff)

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  • 10/28/2020
  • DocketComplaint; Filed by Jorge Luis Vasquez (Plaintiff)

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Tentative Rulings

Case Number: 20STCV41441    Hearing Date: January 27, 2021    Dept: 48

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION TO CHANGE VENUE

On October 28, 2020, Plaintiff Jorge Luis Vasquez (“Plaintiff”) filed this action against Defendants J & A Rents & Sells, Inc. (“J&A”) and Bob Binns (“Binns”).

The Complaint alleges that Binns, a resident of Los Angeles County, physically assaulted Plaintiff at a worksite in Ventura County. (Complaint ¶¶ 5, 13; see Sumpter Decl. ¶ 5.) Plaintiff submitted a written complaint, and Defendants terminated his employment in retaliation. (Complaint ¶¶ 20-22.) The Complaint also alleges Plaintiff and other employees were denied mandatory, uninterrupted breaks and rest periods. (Id. at ¶¶ 23-26.)

On December 31, 2020, Defendants moved to transfer venue to Ventura County. Defendants contend this action should be transferred because all alleged acts occurred there and a substantial portion of J&A’s employees and the percipient witnesses, including Plaintiff, live and work there. (Motion at p. 4.)

Defendants’ objection to the declaration of Pouya B. Chami is sustained.

The court may, on motion, change the place of trial when the convenience of witnesses and the ends of justice would be promoted by the change. (Code Civ. Proc., § 397, subd. (c).) “Convenience of witnesses” may be “shown by the fact that the residence of all witnesses is in the county to which the transfer of the cause is requested.” (Richfield Hotel Management, Inc. v. Superior Court (1994) 22 Cal.App.4th 222, 227.) The burden is on the moving party to establish facts justifying the transfer. (Mission Imports, Inc. v. Superior Court¿(1982) 31 Cal.3d 921, 928.)

Defendants have not met their burden of establishing facts justifying the transfer. Defendants argue J&A’s principal place of business is in Moorpark, California, in Ventura County, and the majority of J&A’s contracted events and jobs are performed there. (Sumpter Decl. ¶¶ 3-4.) A large portion of J&A’s employees reside in Ventura County, and while Plaintiff worked for Defendants, he also represented that he lived in Ventura County. (Id. at ¶¶ 6-7.) But Defendants did not identify any witnesses who are expected to testify. Instead, the owner of J&A generally speculates that Los Angeles County is inconvenient for “many, if not all, of the witnesses of this case” due to limited transportation options. (Sumpter Decl. ¶ 6.)

Accordingly, the motion to transfer venue is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

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