Judge: Blaine K. Bowman, Case: 37-2023-00007065-CU-OE-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  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) 37-2023-00007065-CU-OE-CTL HERRERA VS CALPINE OPERATING SERVICES COMPANY INC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's unopposed motion for preliminary approval of class action 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 court also 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 September 20, 2024 at 8:30am. The court approves the 'NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION AND HEARING DATE FOR FINAL COURT APPROVAL' with the following changes to the Notice: Page 1, Section 1. – revise class definition to read: 'All current and former nonexempt hourly-paid employees of Defendants, employed in California at any time from February 17, 2019, through . . . . ' Page 3, Section 2. - add the following to the end of the first sentence: ' . . . against Defendants, Case No. 37-2023-00007065-CU-OE-CTL ('Class Complaint').' Page 3, Section 2. – revise the last sentence to read: '. . . and/or claims alleged in the Complaint. (The amended Complaint is referred to herein as the 'Operative Complaint' or 'Action').

Page 7, Section 4. 'PAGA Released Claims' paragraph – revise the first sentence to read: 'release the Released Parties from all claims for violation of . . . .' Page 9, Section 8, first paragraph, revise the second sentence to read: 'Objections that are in writing must be submitted to . . . . ' The court orders Plaintiff to, within 10 days of this ruling, submit a revised proposed order, with the above hearing date, with the above modifications, and with a copy of the fully executed 'JOINT STIPULATION AND SETTLEMENT AGREEMENT OF CLASS AND PAGA CLAIMS' attached as 'Exhibit 1' and a copy of the revised notice attached as 'Exhibit 2.' 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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3100095  3 CASE NUMBER: CASE TITLE:  HERRERA VS CALPINE OPERATING SERVICES COMPANY INC [E-FILE]  37-2023-00007065-CU-OE-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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