Judge: David S. Cunningham, Case: 20STCV03790, Date: 2022-09-14 Tentative Ruling


Case Number: 20STCV03790    Hearing Date: September 14, 2022    Dept: 11

LOS ANGELES SUPERIOR COURT, COMPLEX CIVIL DEPARTMENT

 

CHECKLIST FOR

 

PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

 

Department: SSC-11

 

RE:  Enrique Ruiz v. Trans International Trucking, Inc. (Case No. 20STCV03790)

 

In reviewing your motion for preliminary approval of class action settlement, the Court orders further briefing on the items checked below.

The additional briefing shall be due by ____________________________________, 2022.  Note: if briefing is not filed by said date the hearing will be placed off calendar.  Your hearing date set for ______________, is continued to the first available date of  __________ at _____ in Department ____.

This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement.  All parties are urged to carefully review the checklist and fully comply with each item that applies to the case in order that the motion may be promptly ruled upon.  The content of the motion should follow the same order as this checklist, as that is how the judge and research attorney review the motion.

 

You should also consider using the form wage and hour settlement agreements now available on the court’s website at https://www.lacourt.org/forms/all – “Civil Forms” section.  With input and unanimous consensus from an Ad Hoc Wage and Hour Committee (chaired by Judge Hogue and Judge Cunningham and comprised of 8 plaintiff’s attorneys and 8 defense attorneys), the court has posted: (1) a form class action settlement agreement, (2) a form class action/PAGA settlement agreement, (3) and a form PAGA settlement agreement.  Using these forms should cut down on attorney negotiation time and reduce the lag time between a successful mediation and execution of a long form agreement.  Filing a motion that is based on a form agreement and includes a redlined copy identifying modifications will also expedite the court’s review process and help reduce the current backlog on hearings.  These forms are encouraged but entirely optional.  

 

I.                MOVING PAPERS (Motion and Declarations)

 

All facts submitted for the court to consider must be provided in the form of a declaration or other admissible evidence. The court will not consider facts stated only in the motion.

 

E. Miscellaneous

 

¿ If notice will be given in English only, explain why this is sufficient.

 

 

SETTLEMENT AGREEMENT

 

The settlement agreement should address the following:

 

C. Monetary Terms of Settlement

 

¿ If wages are involved, explain how Defendant’s share of taxes will be paid. Will Defendant’s share of employer taxes be paid from the Gross Settlement Amount? (See ¶1.13.) If so, explain why this is appropriate. Defendant’s share of employer taxes should be paid separately and apart from the Gross Settlement Amount.  

 

¿ Tax allocation of PAGA payments.

 

            D. Notice Administration

 

The following issues regarding notice administration should be addressed in the settlement

agreement. A copy of the proposed notice must be attached to the settlement agreement as an

exhibit.

 

¿ Provide the qualifications and experience of the Administrator, including evidence that the settlement administrator has procedures in place to protect the security of class data and adequate insurance in the event of a data breach or defalcation of funds. 

 

 

If the Settlement Agreement is modified pursuant to this checklist, please submit both a red-lined copy showing changes made as well as a final version signed by all parties. Do not submit an addendum in lieu of a full amended settlement agreement including all operative settlement terms.

 

Modify notice to match any alterations to the Settlement Agreement.

 

 

Date: ___________, 2022                                          _____________________________

JUDICIAL OFFICER