Judge: Blaine K. Bowman, Case: 37-2022-00032324-CU-OE-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00032324-CU-OE-CTL ELIAS VS TMONE LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's unopposed motion for preliminary approval of class action and PAGA settlement is GRANTED.

Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, the court makes a preliminary finding that Plaintiff meets Plaintiff's burden of showing that the settlement is fair, adequate and reasonable. The also court makes a preliminary finding that Plaintiff establishes sufficient grounds for class certification for purposes of settlement. Dunk, 48 Cal.App.4th 1807, fn. 19. See also, Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319. The court sets the motion for final approval/fairness hearing for October 18, 2024 at 8:30am. The court approves the 'NOTICE OF CLASS ACTION SETTLEMENT.' The court orders Plaintiff to, within 10 days of this ruling, submit a revised proposed order, with the above hearing date and with a copy of the fully executed 'JOINT STIPULATION OF CLASS ACTION AND PAGA SETTLEMENT AND RELEASE' attached as 'Exhibit 1' and a copy of the Notice attached as 'Exhibit 2.' The court vacates the Status Conference set for July 19, 2024.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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