Judge: Elaine Lu, Case: 19STCV20874, Date: 2025-05-07 Tentative Ruling

Case Number: 19STCV20874    Hearing Date: May 7, 2025    Dept: 9

Preliminary Approval of Class Action Settlement

Department SSC-9

Hon. Elaine Lu

Laudy Rodriguez v. Adir International, LLC

Case No.: 19STCV20874

Hearing: May 7, 2025

TENTATIVE RULING

              The Court is inclined to GRANT preliminary approval.  However, before the Court can do so, the parties must address the following:

1.      As previously noted on the Court’s checklist of 3/6/2025 – At Settlement Agreement ¶31, the release of class claims should not include any release of claims for civil penalties under the Labor Code Private Attorneys General Act of 2004, Labor Code 2698, et seq. The revised ¶31 still includes the release of “civil penalties under the Labor Code Private Attorneys General Act of 2004.” Please eliminate the reference to “civil penalties under the Labor Code Private Attorneys General Act of 2004” from ¶31.

2.      As previously noted on the Court’s checklist of 3/6/2025 – At Settlement Agreement ¶63.a, the parties must either specify the name of a cy pres recipient/charitable organization, or otherwise remove the reference to a charitable organization and provide that unclaimed funds will be directed to the Unclaimed Property Fund to be held for Class Members.

a.      If the parties proceed with a cy pres recipient/charitable organization, then also provide declarations by all parties and their counsel disclosing any interest or involvement (or lack thereof) in the governance or work of the proposed recipient.

3.      Please ensure that the Class Notice is modified to match any alterations to the Settlement Agreement.

4.      Provide proof of submission of the latest version of the Amended Settlement Agreement to the LWDA.

4.

If the Settlement Agreement is modified pursuant to this checklist, please submit both a red-lined copy showing changes made as well as a clean final version signed by all parties. Please do not submit an addendum in lieu of a full amended settlement agreement including all operative settlement terms.  The Court requests that any revised Settlement and any revised Notice be submitted in two formats: (1) a clean version signed by all parties, and (2) a redlined version highlighting changes made from the current Settlement and Notice.  Both formats should be fully text-searchable.

If Counsel file and serve text searchable supplemental documents correcting the above defects by no later than May 5, 2025, then the Court will review the supplemental documents and rule on the motion at the May 7, 2025 hearing.  Otherwise, the motion may have to be continued to the next available hearing date, which may be in July 2025.

The Judicial Assistant is to give notice to Counsel for Plaintiff who is ordered to give further and formal notice to all parties.