Judge: David S. Cunningham, Case: 21STCV02745, Date: 2023-03-02 Tentative Ruling


Case Number: 21STCV02745    Hearing Date: March 2, 2023    Dept: 11

LOS ANGELES SUPERIOR COURT, COMPLEX CIVIL DEPARTMENT

CHECKLIST FOR

PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

 

 

Department: 11

RE: Chaley Ramirez v. Martin Luther King, Jr. Healthcare Corporation, et al. (Case No. 21STCV02745)

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

The additional briefing shall be due by ____________________________________, 2023. 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.  

 

SETTLEMENT AGREEMENT

 

The settlement agreement should address the following:

 

A.  The Basics

 

¿ Class and Release Period: If the class and release periods extend beyond the preliminary approval explain why this is appropriate. (¶1.43.) The Court is not convinced that the PAGA period should extend to final approval.

 

B.  Release of Claims

 

¿ Scope: The scope of any release given by class members must be defined with precision and clarity. Any released claims not presented directly in the operative complaint should be based on the facts alleged in the operative complaint. (See Amaro v. Anaheim Arena Mgmt. (2021) 69 Cal. App. 5th 521, 537 and FN. 5; Uribe v. Crown Building Maintenance Co. 70 Cal. App. 5th 986, 1005.)

·       Paragraph 1.47 is a Class Release yet contains releases for PAGA Penalties and for claims contained in the LWDA letter. Class Members should not release claims for PAGA. Only Aggrieved employees should release such claims. Revise accordingly.

 

¿ Release Effective Date: The release is effective 15 days prior to settlement funds being disbursed. The Court is not convinced that this is fair to the class. 

 

 

E. Responses to Notice

 

 

¿ Do not include language indicating that class members must use specific language to request exclusion. The Court is not convinced such specific language is proper.  

 

 

III. EXHIBITS TO THE MOTION

 

¿ Provide proof of submission of the proposed Amended Settlement agreement to the LWDA. (Lab. Code, § 2699, subd. (l)(2).)

 

¿ All exhibits should be bookmarked, as set forth in the Presiding Judge’s First Amended General Order of May 3, 2019 re: Electronic Filing, available on the Court website.

 

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: ___________, 2023                                  ___________________

JUDICIAL OFFICER