Judge: David S. Cunningham, Case: 23STCV19824, Date: 2025-02-03 Tentative Ruling
Case Number: 23STCV19824 Hearing Date: February 3, 2025 Dept: 11
LOS
ANGELES SUPERIOR COURT, COMPLEX CIVIL DEPARTMENT
CHECKLIST
FOR
PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
Department:
SSC-11
RE:
Miranda, et al. v. K&P Janitorial
Services (Case No. 23STCV19824)
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 ____________________________________, 2025. 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 11.
1.
The Settlement Agreement at ¶3 indicates that
Defendant previously made $44,241 in payments for alleged unpaid wages and meal
period premiums. Explain the circumstances of those payments – did Class
Members enter into individual settlements in exchange for them? Did all
Class Members receive a share of those payments? How is the current payment
formula (¶4.B.i) fair to any employees who may not have previously
received payments - will any class members who did not previously settle
receive less from this settlement than class members who did previously settle?
2.
There is no rationale provided for why Plaintiffs’
counsel should be entitled to fees based on a percentage of a sum that includes
settlement amounts previously paid. Briefing should be provided.
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 and counsel. 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: ___________, 2025
_____________________________
JUDICIAL
OFFICER