Judge: Carolyn M. Caietti, Case: 37-2023-00007756-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  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) 37-2023-00007756-CU-OE-CTL HAYWARD VS AZTEC SHOPS LTD [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 04/23/2024

Prior to the hearing, Plaintiff's counsel is ordered to: (i) file and serve an amended proposed order, adding the date for the final approval hearing indicated below, the definition of the PAGA class and PAGA period, and correcting the amount of the settlement administration expense at p. 4:17; and (ii) bring a courtesy copy of the amended proposed order to the Court.

Plaintiff Jessica Hayward's unopposed Motion for Preliminary Approval of Class Action Settlement is GRANTED.

The motion for final approval will be heard on Thursday, September 26, 2024, at 10:30 a.m. in Department 70. 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 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 review and sign the amended proposed order at the hearing. That order will be the Court's final order on the motion.

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