Judge: Elaine Lu, Case: 22STCV13423, Date: 2025-04-10 Tentative Ruling

Case Number: 22STCV13423    Hearing Date: April 10, 2025    Dept: 9

Final Approval of Class Action Settlement

Department SSC-9

Obciana v. Jvckenwood USA Corp. 

Case No. 22STCV13423

Hearing: April 10, 2025  

TENTATIVE RULING

            The Court is inclined to GRANT preliminary approval of the proposed class action settlement.  However, before the Court will do so, the parties must addressing the following:

·       Based on a review of its records to date, Defendants estimate there are approximately 1454 Class Members who collectively worked a total of approximately 30,645 Workweeks. (¶4.1)  If the number of Workweeks exceeds 33,710 as of the end of the Class Period, there will be a pro rata adjustment to the Gross Settlement Amount in the amount of $19.28 per work week in excess of 33,710 attributable to the Defendant with the corresponding increase in Workweeks. (¶8)

o   The Administrator’s declaration indicates that the Class List contained 1,260 individuals.  (Hernandez Decl., ¶5.)

o   The Administrator’s current declaration is silent as to the number of workweeks, and it is unclear whether the escalator clause in paragraph 8 of the settlement was triggered.  The Administrator must provide an updated, supplemental  declaration disclosing the number of workweeks and whether the escalator clause in paragraph 8 of the settlement was triggered.

If the parties file and serve the Administrator’s supplemental, updated declaration prior to 4:30 pm on April 8, 2025, the Court will review the updated declaration before the hearing. Otherwise, the hearing may have to be continued to the next available hearing date, which will be in a couple months.