Judge: Armen Tamzarian, Case: 21STCV28667, Date: 2023-04-17 Tentative Ruling

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Case Number: 21STCV28667    Hearing Date: April 17, 2023    Dept: 52

Tentative Ruling:

            Plaintiff Andre Clarizio’s Motion for Final Approval of Class Action and Representative Action Settlement

Plaintiff Andre Clarizio moves for final approval of the class action and PAGA settlement under California Rules of Court, rule 3.769.  “A settlement or compromise of an entire class action… requires the approval of the court after hearing.”  (Cal. Rules of Court, rule 3.769(a).)  Courts exercise their discretion to determine if the settlement is fair and reasonable to all involved.  (Nordstrom Com. Cases (2010) 186 Cal.App.4th 576, 581.) 

The court finds the settlement is fair and reasonable to all involved.  After the court granted preliminary approval, settlement administrator ILYM Group, Inc. gave notice of the settlement and this hearing to the 843 class and PAGA members.  (Polites Decl., ¶¶ 3-7, Ex. A.)  ILYM could not find current addresses and was unable to deliver notice packets to 17 members.  (Id., ¶¶ 8-9.)  No member opted out of the settlement (id., ¶ 10) or objected to it (id., ¶ 11).   

The motion is granted.  The court hereby grants final approval of the class action settlement under California Rules of Court rule 3.769(g) and of the representative action settlement under Labor Code section 2699, subdivision (l)(2).  The court will sign the proposed judgment.  Class counsel shall serve notice of the judgment by mail to the class and PAGA members. 

The court hereby sets an order to show cause re: final administration of class action settlement for November 6, 2023, at 8:30 a.m.