Judge: Elaine Lu, Case: 21STCV17116, Date: 2022-12-21 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 21STCV17116 Hearing Date: December 21, 2022 Dept: 26
Plaintiff’s motion for court approval
of the parties’ PAGA settlement is GRANTED.
The parties’ PAGA Settlement
Agreement represents a reasonable and adequate settlement of disputed claims
and satisfies the purposes of the California Private Attorneys General Act of
2004 to benefit the public, and is hereby approved.
The allocation of the settlement
funds among the Aggrieved Employees, the State of California, and Plaintiff’s
counsel is fair, just, reasonable, adequate, and equitable to all concerned,
and is approved to the extent required under Labor Code § 2699(1).
The Parties are ordered to carry out
the Settlement according to the terms of the PAGA Settlement Agreement.
An OSC re dismissal is set for February
21, 2023 at 8:30 am.
Plaintiff is ordered to give notice
of this ruling to all parties and to the LWDA and file proof of service of such
within 10 days.