Judge: Glenda Sanders, Case: 2018-00968137, Date: 2022-07-22 Tentative Ruling

1. Motion for Preliminary Approval of Class Action Settlement

2. Status Conference

The status conference and the hearing on this motion are continued to October 21, 2022 at 1:30 p.m. in Department CX101 so that plaintiff may address the issues identified below.

It is not necessary for plaintiff to resubmit briefing which has already been filed with the court. Supplemental declarations or other supplemental materials shall be filed on or before October 17, 2022. If a revised settlement and/or proposed Class Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court.  

1.    The Settlement Agreement must require court approval for any modifications thereto.

This must be corrected throughout the First Amended Settlement Agreement, including in  Paragraphs XVII subparts B and I.

2.    The court is in receipt of the LWDA pre-filing letters. the PAGA release period in the Settlement Agreement dates back to one year prior to the initial LWDA pre-filing notice, and the two subsequent LWDA notices purport to add additional claims and provisions of the Labor Code that Plaintiff alleges have been violated. What authority does Plaintiff have for releasing PAGA claims for a PAGA period commencing on 1/29/17 when the LWDA was not notified of some of the claims until 7/28/21 or 1/10/22?

The hearing has been continued to the first available date. There are no earlier dates available.

The court does not require any physical or remote appearance at the hearing scheduled for 7/22/2022.