Judge: Carolyn M. Caietti, Case: 37-2023-00007078-CU-OE-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  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) 37-2023-00007078-CU-OE-CTL LOW VS WEEKS [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 03/28/2024

Prior to the hearing, Plaintiff's counsel is ordered to provide the Spanish version of the Class Notice.

Plaintiff Brandon Alexander Low's unopposed Motion for Preliminary Approval of Class Action Settlement is GRANTED. Plaintiff's request for leave to file a First Amended Complaint (FAC) is GRANTED.

The motion for final approval will be heard on October 4, 2024, at 10:30 a.m. in Department 70. All papers filed in support must be filed by September 11, 2024. Please provide a courtesy copy of the motion papers to Department 70.

The Court reviewed the moving papers, supporting declarations, and settlement, and finds the proposed settlement to be fair, adequate and reasonable for purposes of preliminary approval. (See e.g., Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1800–1801; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 128.) Notable settlement provisions include that the settlement is non-reversionary and class members do not need to submit a claim to receive their share of the settlement funds. There is also an escalation clause. Defendants did not file an opposition to the motion.

For final approval, the Court requests Plaintiff to provide the average, highest and lowest payments estimated to be issued. The Court also expects to be informed of the final hours worked and hourly rates billed by Plaintiff's counsel, the total attorney fees and costs sought, as well as the total amount of time expended, and tasks completed and hours spent on those tasks by the Class Representatives on the case.

The Court will: (i) modify the proposed order (ROA 38) to reflect the date of the final approval hearing and deadline on that motion; and (ii) sign the proposed order at the hearing. That order will be the Court's final order on the motion.

The FAC attached to Exhibit 1 of Declaration of Brandon M. Chang is ordered to be filed within 10 days from this ruling.

The parties are reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

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