Judge: Blaine K. Bowman, Case: 37-2023-00036201-CU-OE-CTL, Date: 2024-03-15 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - March 14, 2024
03/15/2024 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) 37-2023-00036201-CU-OE-CTL MENDEZ VS DEPLOYED SERVICES LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:
Plaintiff's unopposed motion for preliminary approval of class, collective and PAGA 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 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 September 20, 2024, at 8:30am.
The court finds numerous deficiencies with respect to the proposed Notice of Class Action Settlement and proposed Notice of FLSA Settlement. Overall, the court finds the notices, as submitted, are potentially confusing to class members. Preliminarily, based on the Supplemental Declaration of Nicholas J. Ferraro, there is no indication that Defendant Deployed Services, LLC is in agreement as to the notices. Also, while both notices are for this same lawsuit, the notices are in different formats, provide different information on the same topic (e.g., compare class notice 9. 'HOW CAN I GET MORE INFORMATION?' with FLSA notice 10. 'How do I get more information?') and neither provides a satisfactory explanation to class members as to why there are two notices for the same lawsuit. Further adding to the confusion, both notices, but particularly the class notice, refer to terms that are not defined in the notice (e.g., 'Participating Class Members' 'Class Workweeks' 'Class Settlement Fund'). In addition to these general deficiencies the court also finds specific deficiencies. As to the class notice, paragraph 2, there are two separate references to 'Settlement Administrator Costs' and 'Administration Expenses' which appears to be a typo, but renders the paragraph potentially confusing to class members. The class notice also does not include the same last sentence as the FLSA notice advising class members not to contact the court. The FLSA notice references a 'Memorandum of Understanding of Class and Collective Action Settlement' as the 'Settlement' or 'Settlement Agreement.' However, the settlement agreement submitted by Plaintiff as to the parties' settlement agreement in this case is titled 'JOINT STIPULATION OF CLASS, COLLECTIVE, AND PAGA SETTLEMENT.' Also, the FLSA notice includes the 'Released Parties' but does not set forth the released claims (as does the class notice).
The court orders the parties to, within 10 days of this ruling, re-submit the notices, revised to be consistent with each other and to remedy the deficiencies discussed above. Upon approval of the notices, the court will sign the Order Granting Preliminary Approval of Class, Collective, and PAGA Action Settlement submitted by Plaintiff.
If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties Calendar No.: Event ID: TENTATIVE RULINGS
3100389 4 CASE NUMBER: CASE TITLE: MENDEZ VS DEPLOYED SERVICES LLC [IMAGED] 37-2023-00036201-CU-OE-CTL shall not submit any further order on this motion.
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.
Calendar No.: Event ID: TENTATIVE RULINGS
3100389 4