Judge: Glenda Sanders, Case: 2019-01094723, Date: 2022-09-09 Tentative Ruling

1. Motion for Approval of Class Settlement

2. Status Conference 

 Having reviewed the proposed Settlement Agreement, the proposed Notice and the accompanying papers, the Court has the following concerns:

1.    Counsel must inform the court by declaration whether there is any class or other representative action in any other court that asserts claims similar to those alleged in the action being settled. (See Guidelines for PAGA Settlements, Guideline 10 on this court’s tentative ruling site).

2.    A copy of the pre-filing letter to the LWDA must be provided to the court.

3.    The analysis seems to include only a valuation/discussion of meal period violations and associated inaccurate earning statement violations. What is the analysis/valuation for other violations alleged in the First Amended Complaint, such as rest period violations, failure to pay overtime compensation, failure to timely pay wages at separation, etc.?

4.    What is the expected number of Aggrieved Employees?

5.    The court intends to grant an enhancement of $5,000 rather than the $15,000 requested.

6.    The Notice must include the release and describe how the individual’s PAGA payment was calculated.

7.    The court requires proof of service or electronic transmission receipt verifying that the settlement agreement was served on the LWDA.

8.    The following need to be addressed in the Proposed Order so that the allegedly aggrieved employees have a fuller understanding of the essential terms and consequences of the settlement:

a.    The Settlement Agreement needs to be referenced in the Order by the ROA number of the declaration to which it is attached.

b.    A copy of the Notice must be attached to the Order as Exhibit 1

c.    The gross settlement amount should be included in the Order.

d.    The Order should indicate the allocation of the PAGA settlement amount between the LWDA and aggrieved employees (75/25).

e.    The Order should indicate that the action will be dismissed with prejudice at the final accounting hearing assuming full compliance with this Order by that date.

f.     A proposed date for the final accounting hearing must be included in the Proposed Order.

g.    The Order needs to instruct the Plaintiff to submit a copy of the Order to the LWDA within ten calendar days after entry of the Order.

The hearing on this Motion for Approval of PAGA Settlement and the Status Conference are continued to December 9, 2022 at 1:30 p.m. in Department CX101.  It is not necessary for the parties to resubmit briefing which has already been filed with the Court. Supplemental declarations or other supplemental materials addressing the identified issues shall be filed no later than 14 calendar days prior to the continued hearing date.  If a revised settlement agreement is submitted, ­­a redlined version showing all changes, deletions, and additions must also be submitted electronically to the court. 

No appearance is necessary at the is necessary at the September 9, 2022 hearing.

Moving party to give notice.