Judge: Curtis A. Kin, Case: 22STCV26288, Date: 2023-03-02 Tentative Ruling

Case Number: 22STCV26288    Hearing Date: March 2, 2023    Dept: 72

APPLICATION FOR ORDER

APPROVING PAGA SETTLEMENT

Date:               3/2/23 (9:30 AM)

Case:               Alphonso Barron, Jr. v. R-Cold, Inc. et al. (22STCV26288)

TENTATIVE RULING:

Plaintiff’s Application for Order Approving PAGA Settlement is GRANTED CONDITIONALLY.

The Court finds the proposed PAGA Settlement Agreement to be fair, reasonable, and adequate under the circumstances.

However, the spelling of plaintiff’s name in the operative Complaint and the Court file is Alphonso Barron, Jr. In the moving papers, plaintiff changed the spelling to Alfonso Barron, Jr. Such a change requires plaintiff to file a Los Angeles Superior Court LACIV 105 Amendment to Complaint form. (See also CCP § 473(a)(1) [“The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect”].) No such form has been filed. The Court has no jurisdiction to approve the settlement from “Alfonso Barron, Jr.”

Accordingly, the Court will sign the Proposed Order Approving PAGA Settlement and Entering Judgment, subject to plaintiff filing an LACIV 105 Amendment to Complaint form within five (5) court days seeking to correct the spelling of his name to Alfonso Barron, Jr.

The Court hereby sets a Non-Appearance Case Review for March 10, 2023 for purposes of reviewing any LACIV 105 submission and entry of the proposed Order.