Judge: Glenda Sanders, Case: 2016-00884797, Date: 2022-11-17 Tentative Ruling

Having reviewed the papers, including all supplemental papers, in connection with the unopposed Motion, the Court notes the following issues are still outstanding:

1.    Although the supplemental papers indicate Defense counsel has submitted a declaration regarding other overlapping or related matters (ROA 910, Supp. Lind Decl., ¶2) none was attached to the supplemental papers.

2.    The clean version of the Notice attached as Exhibit B to the Amendment to the Settlement does not include Labor Code § 202 as part of the released claims, but the redlined version attached as Exhibit D to the ROA 910, Supp. Lind Decl. does. Based on the Amendment to the Settlement, ¶2, Labor Code § 202 should not be included.

3.    The release in the proposed Order is still not consistent with the release in the Settlement and attempts to broaden it. Specifically, the release in paragraph 13 of the Settlement includes “all claims under the PAGA, to the broadest extent under the law, for civil penalties that arise solely under the specific theories asserted by Plaintiffs in the PAGA Claim in the Civil Complaint.” Settlement, ¶13. The release in the proposed Order includes “any and all claim for PAGA civil penalties relating to any and all facts and claims asserted in the Action or any other action under PAGA that could have been asserted in the Action based on the facts alleged…” The release in the proposed Order should be revised to be consistent with the Settlement.

4.    The department in the proposed Order should be updated to CX101 and a hearing date for final approval should be proposed.

Plaintiff is permitted to submit a revised Notice and proposed Order within 3 court days. Should the revised papers meet with Court’s satisfaction, the Court will GRANT the Motion subject to the following:

$240,000 / $315,000 total PAGA Settlement;

$ 5,000.00 for Plaintiff’s enhancement;

$ 96,000.00 / $126,000 for Attorney’s Fees to be paid and allocated between Plaintiff’s counsel in accordance with their agreement;

$ 10,000.00 for Litigation Costs to be paid and allocated between Plaintiffs’ counsel in accordance with their agreement;  and

$174,000 / $120,500 total PAGA penalties to be allocated as follows: $130,500 / $96,750 to the LWDA and $43,500 / $32,250 to the aggrieved employees.

In the event the issues above are not resolved, the Court CONTINUES the hearing to December 22, 2022.

Plaintiff is ordered to give notice, including to the LWDA, and file a proof of service at least 5 court days prior to the continued hearing.