Judge: Carolyn M. Caietti, Case: 37-2021-00024447-CU-OE-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 12, 2024

03/15/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2021-00024447-CU-OE-CTL GALEANA VS K-TECH MACHINE INC [E-FILED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Yadira Gomez Galeana's Motion for Preliminary Approval of Stipulated Class Action Settlement Agreement is DENIED WITHOUT PREJUDICE.

The matter first came on calendar on November 3, 2023. The tentative ruling outlined a non-exhaustive list of issues presented in the motion. (ROA 44 – Tentative Ruling.) At the hearing, the Court heard from counsel and granted a continuance. (ROA 48 – Minute Order dated Nov. 3, 2023.) The record does not reflect any additional filings since the last hearing and the issues identified in the previous tentative ruling have not been cured. Again, this is a non-exhaustive list of issues presented in the motion, requiring the motion to be denied.

The net settlement amount is not provided, precluding the Court from confirming the parties' understanding of what it is expected to be.

Plaintiff has not provided the estimated total number of class members, total workweeks, PAGA pay periods and average class member payment and PAGA payment.

The initial settlement funding date of March 31, 2023, passed and Plaintiff does not provide an explanation of if and how this impacts the settlement. (Joint Stipulation, at ¶ 28(d), (r).) The Notice of Class Settlement at section II(F) states the LWDA payment is $100,000, which is inconsistent with the Joint Stipulation at paragraph 11.

The Notice of Class Settlement includes a PAGA period date of March 29, which is unexplained and inconsistent with the other stated PAGA period dates.

The Notice of Class Settlement's release identifies Labor Code sections not alleged in the Complaint, namely, Labor Code sections 210, 216, 226.3, 512.5 and 2802.

The proposed order includes blank spaces for dates that need to be computed and completed by the parties pursuant to their agreement.

For these non-exhaustive reasons, the motion is DENIED WITHOUT PREJUDICE.

The Court notes a motion for final approval of the settlement is reserved for July 26, 2024. This hearing Calendar No.: Event ID:  TENTATIVE RULINGS

3086019 CASE NUMBER: CASE TITLE:  GALEANA VS K-TECH MACHINE INC [E-FILED]  37-2021-00024447-CU-OE-CTL date was not ordered by the Court (see, CRC 3.769(e)) and is ordered vacated.

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3086019