On February 14, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Tice, Victoria,
and
Trader Joe'S Company,
for Unlimited Other Employment (15)
in the District Court of Santa Barbara County.
Preview
1 Helene Wasserman, Bar No. 130134
hwasserman@littler.com ELECTRONICALLY FILED
2 Shannon R. Boyce, Bar No. 229041 Superior Court of California
sboyce@littler.com County of Santa Barbara
3 Melissa Velez, Bar No. 316714 Darrel E. Parker, Executive Officer
mvelez@littler.com 11/8/2021 1:11 PM
4 LITTLER MENDELSON P.C. By: Sarah Sisto, Deputy
2049 Century Park East
5 5th Floor
Los Angeles, California 90067.3107
6 Telephone: 310.553.0308
Fax No.: 310.553.5583
7
Attorneys for Defendant
8 TRADER JOE’S COMPANY
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF SANTA BARBARA
11
12
VICTORIA TICE, as an individual and on Case No. 20CV00892
13 behalf of all others similarly situated,
DEFENDANT TRADER JOE'S
14 Plaintiff, COMPANY'S NOTICE OF MOTION
AND MOTION TO STRIKE
15 v.
ASSIGNED FOR ALL PURPOSES TO
16 TRADER JOE’S COMPANY, a California JUDGE THOMAS P. ANDERLE, DEPT. 3
corporation; and DOES 1 through 50, inclusive,
17 Date: December 14, 2021
Defendant. Time: 10:00 am
18 Dept: 3
19 Trial Date: None Set
Complaint Filed: February 14, 2020
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24
25
26
27
28
LITTLER MEND ELSO N P.C.
2049 C entury Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308
DEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE
1 TO PLAINTIFF VICTORIA TICE AND TO HER ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on December 14, 2021 at 10:00 a.m., or as soon thereafter
3 as the matter may be heard, in Department 3, of the above-captioned Court, located at 31100
4 Anacapa Street, Santa Barbara, CA 93121, Defendant TRADER JOE’S COMPANY
5 (“Defendant”) will and hereby does move for an order striking Plaintiff’s Representative PAGA
6 Claim on the grounds that itis inherently unmanageable insofar as individual, not group wide,
7 inquiries predominate on her claims. Wesson v. Staples the Office Superstore, LLC, 68 Cal. App.
8 5th 746 (2021); Amiri v. Cox Communs. Cal., LLC, 272 F.Supp.3d 1187, 1198 (C.D. Cal. 2017) (J.
9 Carney).
10 The Motion is based upon this Notice, the Memorandum of Points and Authorities in
11 Support Thereof, and the Compendium of Evidence filed concurrently herewith, as well as all the
12 pleadings, papers, and records on file herein, including their attachments, as well as any other
13 argument properly presented at or before the time of hearing.
14
15 Dated: November 8, 2021
LITTLER MENDELSON P.C.
16
17
18 Helene Wasserman
Shannon R. Boyce
19 Melissa Velez
20 Attorneys for Defendant
TRADER JOE’S COMPANY
21
22 4838-0505-8812.1 / 071820-1075
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24
25
26
27
28
LITTLER MEND ELSO N P.C.
2049 C entury Park East
2
5th Floor
Los Angeles, CA 90067.3107
310.553.0308
DEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE
Document Filed Date
November 08, 2021
Case Filing Date
February 14, 2020
Category
Unlimited Other Employment (15)
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1 Helene Wasserman, Bar No. 130134 hwasserman@littler.com ELECTRONICALLY FILED 2 Shannon R. Boyce, Bar No. 229041 Superior Court of California sboyce@littler.com County of Santa Barbara 3 Melissa Velez, Bar No. 316714 Darrel E. Parker, Executive Officer mvelez@littler.com 11/8/2021 1:11 PM 4 LITTLER MENDELSON P.C. By: Sarah Sisto, Deputy 2049 Century Park East 5 5th Floor Los Angeles, California 90067.3107 6 Telephone: 310.553.0308 Fax No.: 310.553.5583 7 Attorneys for Defendant 8 TRADER JOE’S COMPANY 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SANTA BARBARA 11 12 VICTORIA TICE, as an individual and on Case No. 20CV00892 13 behalf of all others similarly situated, DEFENDANT TRADER JOE'S 14 Plaintiff, COMPANY'S NOTICE OF MOTION AND MOTION TO STRIKE 15 v. ASSIGNED FOR ALL PURPOSES TO 16 TRADER JOE’S COMPANY, a California JUDGE THOMAS P. ANDERLE, DEPT. 3 corporation; and DOES 1 through 50, inclusive, 17 Date: December 14, 2021 Defendant. Time: 10:00 am 18 Dept: 3 19 Trial Date: None Set Complaint Filed: February 14, 2020 20 21 22 23 24 25 26 27 28 LITTLER MEND ELSO N P.C. 2049 C entury Park East 5th Floor Los Angeles, CA 90067.3107 310.553.0308 DEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE 1 TO PLAINTIFF VICTORIA TICE AND TO HER ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on December 14, 2021 at 10:00 a.m., or as soon thereafter 3 as the matter may be heard, in Department 3, of the above-captioned Court, located at 31100 4 Anacapa Street, Santa Barbara, CA 93121, Defendant TRADER JOE’S COMPANY 5 (“Defendant”) will and hereby does move for an order striking Plaintiff’s Representative PAGA 6 Claim on the grounds that itis inherently unmanageable insofar as individual, not group wide, 7 inquiries predominate on her claims. Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 8 5th 746 (2021); Amiri v. Cox Communs. Cal., LLC, 272 F.Supp.3d 1187, 1198 (C.D. Cal. 2017) (J. 9 Carney). 10 The Motion is based upon this Notice, the Memorandum of Points and Authorities in 11 Support Thereof, and the Compendium of Evidence filed concurrently herewith, as well as all the 12 pleadings, papers, and records on file herein, including their attachments, as well as any other 13 argument properly presented at or before the time of hearing. 14 15 Dated: November 8, 2021 LITTLER MENDELSON P.C. 16 17 18 Helene Wasserman Shannon R. Boyce 19 Melissa Velez 20 Attorneys for Defendant TRADER JOE’S COMPANY 21 22 4838-0505-8812.1 / 071820-1075 23 24 25 26 27 28 LITTLER MEND ELSO N P.C. 2049 C entury Park East 2 5th Floor Los Angeles, CA 90067.3107 310.553.0308 DEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE