Tentative Ruling: Noel Payan vs. Evolve Growth Initiatives, LLC, et al
Case Number
24CV06363
Case Type
Hearing Date / Time
Mon, 06/01/2026 - 10:00
Nature of Proceedings
Defendant Evolve Growth Initiatives, LLC’s Motion to Compel Responses to Requests for Production of Documents
Tentative Ruling
Noel Payan vs. Evolve Growth Initiatives, LLC, et al.
Case No. 24CV06363
Hearing Date: June 1, 2026
HEARING: Defendant Evolve Growth Initiatives, LLC’s Motion to Compel Responses to Requests for Production of Documents
ATTORNEYS: For Plaintiff Noel Payan: Elliot J. Siegel, Julian Burns King, King & Siegel LLP, Xavier Villegas, Law Office Of Xavier Villegas, APC
For Defendants Evolve Growth Initiatives, LLC and Michelle Gross: Brian T. Daly, Christina M. Behrman, Mullen & Henzell L.L.P.
TENTATIVE RULING:
Counsel for the parties are ordered to appear and advise the court as to the current status of the discovery dispute.
Background/Analysis:
On July 11, 2024, plaintiff Noel Payan filed, as Superior Court of Riverside County case number CVRI2402352, a representative complaint against Evolve Growth Initiatives, LLC (Evolve), and Michelle Gross (collectively, defendants), alleging one cause of action for statutory civil penalties under Labor Code section 2698 et seq. (the Labor Code Private Attorneys General Act of 2004 or PAGA).
In the complaint, plaintiff alleges that while he was employed by defendants as a Residential Counselor, which is a full-time nonexempt position, defendants failed to compensate plaintiff and all other similarly situated current and former employees (the Aggrieved Employees) for all hours worked, failed to record or compensate plaintiff and the Aggrieved Employees for actual time worked at correct overtime rates, deprived plaintiff and the Aggrieved Employees of compliant meal and rest periods, failed to list the correct applicable hourly rates of pay and amount of gross and net wages earned by plaintiff and the Aggrieved Employees, failed to timely pay to plaintiff and the Aggrieved Employees all wages due upon termination or discharge, and failed to reimburse plaintiff and the Aggrieved Employees for cellphone, internet, and other expenses incurred in the regular course of their employment. (Compl., ¶¶ 1-3 & 11, 15-16, 18, 21, 25-27, 29-30, 35, 37-38, & 42-43.)
Court records further reflect that, pursuant to a stipulation of the parties, the action was transferred to and received by this court on August 20, 2024. (See Aug. 20, 2024, Joint Stip. To Change Venue & Notice Re Transferred Action.)
On February 7, 2025, defendants filed an answer to the complaint, and on March 7, 2025, filed an amended answer to the complaint generally denying its allegations and asserting twenty-seven affirmative defenses.
On April 1, 2025, defendants filed a notice of related case identifying Superior Court of San Diego County case number 24CU023118C entitled Axel Olea Velarde v. Evolve Growth Initiatives, LLC, as related to this action.
On October 23, 2025, Evolve filed the present motion to compel responses to requests for production of documents and form interrogatories. The hearing was originally set for hearing on February 23, 2026.
On January 30, 2026, the parties filed a joint stipulation to continue the hearing on the motion to compel. By way of the stipulation, the parties represented that they were engaged in meet and confer discussions which they anticipated may eliminate the need for a ruling on the motion. Based on the parties’ representations, the court continued the hearing date to June 1, 2026. Any opposition or reply was to be filed per code.
Nothing has been filed since the stipulation was filed on January 30, 2026.
Counsel for the parties will be ordered to appear at the hearing on this matter and advise the court of the current status of the discovery dispute.