On 03/27/2018 RODNEY ROUZAN filed a Labor - Other Labor lawsuit against LOS ANGELES WORLD AIRPORTS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are SAMANTHA P. JESSNER and YOLANDA OROZCO. The case status is Disposed - Judgment Entered.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
SAMANTHA P. JESSNER
THE WESTMORELAND LAW FIRM
GANNON PATRICK AN INDIVIDUAL AND
LOS ANGELES AIRPORT POLICE
MAGGARD DAVID JR. AN INDIVIDUAL AND
LOS ANGELES CITY OF
HYAM MICHAEL AN INDIVIDUAL AND OFFICIAL
LOS ANGELES WORLD AIRPORTS
ADAMS DOE 2 PAULA
CHAVEZ DOE 5 IMER
MAGGARD DOE 4 DAVID
MENGITSU DOE 1 SAMSON
MOR DOE 3 PATRICIA
THE WESTMORELAND LAW FIRM
WESTMORELAND DOMINIQUE ESQ.
WESTMORELAND DOMINIQUE NIKKO ESQ.
RUIZ RODOLFO F. ESQ.
RUIZ RODOLFO FLORENTINO ESQ.
1/6/2020: Appeal - Notice of Appeal/Cross Appeal Filed
10/18/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)
10/4/2019: Declaration - DECLARATION OF GRACE MIGUEL IN SUPPORT OF DEFENDANT'S REPLY IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
10/4/2019: Declaration - DECLARATION OF BERTHA ARROYOS IN SUPPORT OF DEFENDANT'S REPLY IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
10/8/2019: Minute Order - MINUTE ORDER (COURT ORDER)
9/18/2019: Brief - BRIEF RE IDC
9/10/2019: Notice - INFORMAL DISCOVERY CONFERENCE NOTICE OF INFORMAL DISCOVERY CONFERENCE
7/23/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION CONTINUE DEFENDANT'S MSJ)
7/12/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION CONTINUE DEFENDANT'S MSJ)
6/11/2019: Motion to Compel - MOTION TO COMPEL CONTINUED DEPOSITION
3/1/2019: Declaration - Declaration of Shakira L. Ferguson in Support of Defendant City of Los Angeles' Motion to Compel Plaintiff Rodney Rouzan to Appear for an Independent Medical Examination
3/1/2019: Reply - Reply in Support of Defendant City of Los Angeles' Motion to Compel Plaintiff Rodney Rouzan to Appear for an Independent Medical Examination with James R. High, M.D.
3/7/2019: Declaration - Declaration DECLARATION OF SANDRA FALCHETTI IN SUPPORT OF DEFENDANT WORLD AIRPORT'S EX PARTE APPLICATION TO CONTINUE TRIAL
5/9/2019: Opposition - OPPOSITION DEFENDANT'S EX PARTE TO CONTINUE TRIAL
5/24/2019: Separate Statement
5/29/2019: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER CONFIRMING PROPER E-SERVICE OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SPECIALLY SETTING HEARING DATE BY SHORTENING TIM
6/4/2019: Motion for Judgment on the Pleadings
7/24/2018: CASE MANAGEMENT STATEMENT
DocketAppeal Record Delivered; Filed by ClerkRead MoreRead Less
DocketAppeal - Notice Court Reporter to Prepare Appeal Transcript (B303637, NOA 1/6/20;); Filed by ClerkRead MoreRead Less
DocketAppeal - Reporter Appeal Transcript Process Fee Paid; Filed by Rodney Rouzan (Plaintiff)Read MoreRead Less
DocketAppeal - Notice of Default Issued; Filed by ClerkRead MoreRead Less
DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by Rodney Rouzan (Appellant)Read MoreRead Less
DocketNotice of Filing of Notice of Appeal (Unlimited Civil) (NOA:1/6/20); Filed by ClerkRead MoreRead Less
DocketAppeal - Notice of Appeal/Cross Appeal Filed; Filed by Rodney Rouzan (Appellant)Read MoreRead Less
Docketat 08:30 AM in Department 31, Yolanda Orozco, Presiding; Hearing on Motion to Compel (Plaintiff's Continued Deposition) - Not Held - Taken Off Calendar by PartyRead MoreRead Less
DocketMemorandum of Costs (Summary); Filed by Los Angeles World Airports Erroneously Sued As City Of Los Angeles (Defendant)Read MoreRead Less
Docketat 09:30 AM in Department 31, Yolanda Orozco, Presiding; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
DocketProof-Service/SummonsRead MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketNotice of Case Management Conference; Filed by ClerkRead MoreRead Less
DocketOSC-Failure to File Proof of Serv; Filed by ClerkRead MoreRead Less
DocketORDER TO SHOW CAUSE HEARINGRead MoreRead Less
DocketNOTICE OF CASE MANAGEMENT CONFERENCERead MoreRead Less
DocketComplaint; Filed by Rodney Rouzan (Plaintiff)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketCOMPLAINT FOR DAMAGES: 1. RETALIATION IN VIOLATION COY. CODE 12940(H) & (I); ETCRead MoreRead Less
Case Number: BC699753 Hearing Date: October 29, 2019 Dept: 31
MOTION TO QUASH SERVICE IS GRANTED.
On March 27, 2018, Plaintiff Rodney Rouzan filed the instant action against Defendants City of Los Angeles (sued and served as Los Angeles World Airports and Los Angeles Airport Police); David Maggard; Patrick Gannon; Michael Hyam; and Does 1 through 100. On July 24, 2018, Plaintiff filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for:
Retaliation in Violation of Gov. Code § 12940(h) & (i);
Retaliation in Violation of Public Policy;
Violation of Cal. Labor Code § 98.6;
Violation of Cal. Labor Code § 1102.5(b) & (c);
Discrimination on the Basis of National Origin; and
Violation of Cal. Labor Code § 232.5(c).
On July 30, 2018, Plaintiff dismissed without prejudice Defendants David Maggard, Jr.; Patrick Gannon; and Michael Hyam, leaving Defendant City of Los Angeles as the only remaining defendant. On January 17, 2019, the Court dismissed Does 1 through 100 without prejudice. On July 8, 2019, Plaintiff filed an Amendment to Complaint (Fictitious/Incorrect Name), naming Paula Adams as Doe 2.
The Court notes that the Minute Order dated January 17, 2019 states: “The Court orders Does 1-100 in Complaint filed by RODNEY ROUZAN on 03/27/2018 dismissed without prejudice.” The operative complaint on January 17, 2019 was the Second Amended Complaint (SAC). As it was the Court’s intent to strike the Doe Defendants as to the operative complaint, the Court now orders that all Doe Defendants named in the SAC are dismissed nunc pro tunc as of January 17, 2019.
Code of Civil Procedure section 418.10 provides in relevant part:
(a) A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes:
(1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.
When a defendant moves to quash service of the summons and complaint, the plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to an effective service.” (Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868.)
Further, pursuant to Code of Civil Procedure section 436, “the court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.)
“The law is settled that a person who is not named either by his true or a fictitious name or as an unknown defendant is not a proper party to an action, and service of summons upon such person upon proper motion should be quashed.” (Kline v. Beauchamp (1938) 29 Cal.App.2d 340, 342.)
Specially Appearing Defendant Paula Adams (hereinafter “Defendant” or “Adams”) moves for an order quashing service of summons and complaint on her. Defendant argues that on January 17, 2019, approximately 6 months prior to Plaintiff’s attempt to name Adams as a Doe defendant, the Court dismissed Does 1 through 100. Defendant asserts that Plaintiff’s attempt to name Adams as Doe 2 is improper and invalid as the Does are no longer named in the operative pleading. Defendant contends that the purported service on Adams is therefore equally invalid. Defendant argues that because Adams is not a proper defendant in this matter, the Court lacks jurisdiction over her and should issue an order quashing service of the summons on Defendant.
The Court finds that as a result of its dismissing the Doe Defendants on January 17, 2019, any attempt to amend the operative complaint to name a person as a Doe Defendant is not proper, as the Doe Defendants are no longer parties to this case. Thus, Plaintiff’s naming of Adams as Doe 2 was improper and the purported service on Adams is also improper and must be quashed.
Based on the foregoing, Specially Appearing Defendant’s unopposed motion to quash service of summons and complaint is GRANTED.
On the Court’s own motion, the Amendments to Complaint filed on July 8, 2019, designating Doe 1 as Samson Mengitsu, Doe 2 as Paula Adams, Doe 3 as Patricia Mor, Doe 4 as David Maggard, and Doe 5 as Imer Chavez are stricken.
Moving party to give notice.