Judge: Christopher K. Lui, Case: 22STCV21965, Date: 2024-04-10 Tentative Ruling
Case Number: 22STCV21965 Hearing Date: April 10, 2024 Dept: 76
The
State is the real party in interest as to a PAGA claim[1].
Although Plaintiff sent a copy of the settlement agreement to the LWDA
(Declaration of Sepideh Ardestani, ¶ 5; Exh. 6), the proof of service does not
reflect that the LWDA received notice of the hearing on this motion for
preliminary approval.
The hearing on Plaintiff Mari
Briceno’s motion for preliminary approval of class action settlement of wage
and hour claims, including a PAGA claim for civil
penalties is CONTINUED to June 3, 2024 at 8:30 a.m. Plaintiff is to give notice
of the motion and of the continuance to the LWDA.
[T]he state is the real party in interest in a
PAGA claim regardless of whether the claim is brought in an individual or
representative capacity. (Citation
omitted.) The court wrote, “‘[E]very PAGA action, whether seeking penalties for Labor
Code violations as to only one aggrieved employee—the plaintiff bringing the
action—or as to other employees as well, is a representative action on behalf
of the state.’
(Tanguilig v. Bloomingdale's, Inc. (2016) 5
Cal.App.5th 665, 680.)