Judge: Curtis A. Kin, Case: 19STCV27487, Date: 2023-03-21 Tentative Ruling

Case Number: 19STCV27487    Hearing Date: March 21, 2023    Dept: 72

MOTION FOR FINAL APPROVAL OF

CLASS ACTION AND PAGA SETTLEMENT

Date:               3/21/23 (1:30 PM)

Case:               Stephanie Ouellette v. MKTG, Inc. et al. (19STCV27487)

TENTATIVE RULING:

Plaintiff Stephanie Ouellette’s Motion for Final Approval of Class Action and PAGA Settlement is GRANTED.

On 3/7/23, the Court continued the hearing on the motion for final approval so that plaintiff would serve the revised Settlement Agreement and notice of the continued hearing date to the Labor and Workforce Development Agency (“LWDA”). Plaintiff provides evidence that the revised Settlement Agreement and notice of the date, time, and place of the continued hearing were submitted to the LWDA. (Supp. Gold Decl. ¶¶ 3, 4 & Exs. 1, 2.) No response from the LWDA has been filed with the Court.

The Court’s concerns set forth in the 3/7/23 Minute Order have been satisfied.

With respect to the proposed judgment, Rule of Court 3.771(b) states: “Notice of the judgment must be given to the class in the manner specified by the Court.” The proposed judgment does not address how notice of the judgment shall be given to the class. Consequently, the Court proposes to interlineate the proposed judgment by adding the following provision: “With each mailing of checks to Class Members, the Settlement Administrator shall include a letter indicating that judgment has been entered in the instant action.”

For the reasons stated in the 3/7/23 Minute Order, the Court finds that the proposed Settlement Agreement is fair, adequate, and reasonable. The motion is GRANTED. The Court makes modifications to the proposed order and the proposed judgment. The Court signs and files the Order Granting Motion for Final Approval and Judgment.