Case Last Refreshed: 4 months ago
Justin Lie, On Behalf Of Himself And All Others Similarly Situated, filed a(n) Complex Civil Unlimited case represented by Hawkins, James R, against Benihana International, Inc., A Delaware Corporation, Does 1 - 50, Inclusive, represented by Greeson, Chad D., in the jurisdiction of San Mateo County. This case was filed in San Mateo County Superior Courts with Fineman, Nancy L. presiding.
Case Number |
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Filing DateJanuary 12, 2021 |
CategoryComplex Civil Unlimited |
Last RefreshedDecember 15, 2023 |
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Filing LocationSan Mateo County, CA |
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Notice of Assignment for All Purposes
Date: January 12, 2021
Case Management Statement
Date: September 14, 2021
Case Management Statement
Date: November 09, 2021
Answer (Unlimited)
Date: March 09, 2021
Case Management Order
Date: March 11, 2021
51775Stipu0097e1
Date: January 10, 2022
52140SECON00a29d
Date: January 18, 2022
52302NOTIC0088d6
Date: January 20, 2022
55280Proof01696c
Date: March 24, 2022
55280STIPU008df6
Date: March 24, 2022
55669Amend001e1a
Date: April 02, 2022
55665DECLA019a35
Date: April 02, 2022
55665Propo021453
Date: April 02, 2022
55665PROOF03ba52
Date: April 02, 2022
55665NOTIC007f61
Date: April 02, 2022
55665Lette0430bc
Date: April 02, 2022
59912Stipu0030c3
Date: July 05, 2022
Notice of Entry of Order
Date: March 29, 2021
Case Management Statement
Date: April 06, 2021
Complaint
Date: January 12, 2021
Decl 1
Date: July 26, 2022
RJN
Date: July 26, 2022
Order
Date: July 26, 2022
mtn
Date: July 26, 2022
proof
Date: July 26, 2022
Decl 2
Date: July 26, 2022
61428Proof01d4e6
Date: August 04, 2022
61428Propo005f36
Date: August 04, 2022
Notice of Case Management Conference
Date: January 12, 2021
Amended Notice Of
Date: February 01, 2021
First Amended Complaint
Date: December 02, 2021
Proof of Service - ELECTRONIC of
Date: March 24, 2022
Amended Proof of Service - ELECTRONIC of
Date: April 01, 2022
Exhibits submitted in support of
Date: May 31, 2022
Declaration in Support
Date: May 31, 2022
Declaration in Support
Date: July 26, 2022
Notice of Hearing re
Date: June 08, 2022
Request for Judicial Notice
Date: July 26, 2022
Order Denying
Date: July 06, 2022
Certificate Re: Complex Case Designation
Date: January 12, 2021
Proof of Service - ELECTRONIC of
Date: March 09, 2021
Notice of Hearing re
Date: March 04, 2022
Stipulation & Order
Date: January 12, 2022
Declaration in Support
Date: May 31, 2022
Declaration in Support
Date: July 26, 2022
Case Management and Trial Setting Conference
Date: April 13, 2021
Amended Complaint
Date: January 18, 2022
Proof of Service - ELECTRONIC of
Date: April 01, 2022
Proof of Service - ELECTRONIC of
Date: May 31, 2022
Proof of Service by PERSONAL SERVICE of
Date: February 01, 2021
Notice of Complex Case Status Conference
Date: January 12, 2021
Proof of Service by
Date: February 01, 2021
Case Management and Trial Setting Conference
Date: September 21, 2021
Request for Judicial Notice
Date: May 31, 2022
Notice of Motion and Motion to Approve
Date: May 31, 2022
Proposed Order Received
Date: July 26, 2022
Proof of Service - ELECTRONIC of
Date: July 26, 2022
Affidavit of Mailing
Date: March 04, 2022
Declaration in Support
Date: April 01, 2022
Motion to Dismiss
Date: August 02, 2022
Notice of Entry of Order
Date: January 20, 2022
Affidavit of Mailing
Date: July 06, 2022
Motion for Approval
Date: July 05, 2022
Stipulation & Order
Date: March 28, 2022
Notice of Motion and Motion to Approve
Date: April 01, 2022
Proposed Order Received
Date: May 31, 2022
Other hearing
Date: April 26, 2022
Proposed Order Received
Date: April 01, 2022
Proof of Service - ELECTRONIC of
Date: August 04, 2022
Motion to Dismiss
Date: July 26, 2022| Date | Type | Description | |
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| August 07, 2022 | Tentative Ruling |
Judge: HONORABLE NANCY L. FINEMAN, Department 04 JUSTIN LIE, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED VS BENIHANA INTERNATIONAL, INC. JUSTIN LIE, ON BEHALF OF HIMSELF AND ALL JAMES R HAW...
Judge: HONORABLE NANCY L. FINEMAN |
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| August 04, 2022 | Docket Event | 61428Proof01d4e6 | |
| August 04, 2022 | Docket Event | 61428Propo005f36 | |
| August 04, 2022 | Docket Event |
Proof of Service - ELECTRONIC of ORDER RE: PARTIES' JOINT MOTION TO DISMISS PLAINTIFF'S COMPLAINT Proof of Service - ELECTRONIC of ORDER RE: PARTIES' JOINT MOTION TO DISMISS PLAINTIFF'S COMPLAINT |
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| August 02, 2022 | Docket Event |
~CIV Minute Order - Motion to Dismiss 08/02/2022 Motion to Dismiss PER ORDER FILED ON 7/6/22 Judge: Fineman, Nancy L. |
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| August 02, 2022 | Docket Event |
Matter is called at: 2:03 PM |
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| August 02, 2022 | Docket Event |
Tentative ruling adopted and becomes order: JOINT MOTION TO DISMISS PLAINTIFF'S COMPLAINT TENTATIVE RULING: Based upon the unique facts of this case, the Court GRANTS the parties' joint motion to dismiss Plaintiff's complaint. The dismissal will be with prejudice as to Plaintiff Justin Lie's ("Lie") individual claims and without prejudice as to the PAGA claims. The Court has been the single-assigned judge in this case since it was first filed and has conducted several Case Management Conferences. From the beginning, Defendant Benihana International, Inc. ("Benihana") has vigorously defended this case arguing that another Class and PAGA case, Ari Gold et al. v. Benihana National Corp. et al. barred all or most of this case. There has been a court-approved settlement and release in the Gold case. This case also has issues of the impact of the recent United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 involving the applicability of arbitration agreements to PAGA cases. Apparently Lie had an employment arbitration agreement with Benihana because he sought arbitration. Based upon the Court's own review of the facts and law presented regarding the merits of this case, the Court finds that the Gold case provides relief to the case and it would be inefficient use of resources to continue with this case thus making it reasonable for the parties to seek to dismiss this case. Based on these facts, the Court approves the dismissal of the complaint. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court. |
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| August 02, 2022 | Docket Event |
Party appeared by audio and/or video Attorney Danielle Piskor |
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| August 02, 2022 | Docket Event |
Party shall prepare formal order consistent w/order herein Counsel for Plaintiff |
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| July 26, 2022 | Docket Event | Decl 1 |
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