Judge: Glenda Sanders, Case: 2020-01143577, Date: 2022-10-21 Tentative Ruling

 Motion for Approval of Class Settlement

 The hearing on this motion and the Further Status Conference are continued to December 30, 2022 at 1:30 p.m. in Department CX103 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 at least nine (9) court days prior to the hearing. If a revised settlement, declaration(s), 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.           Please state the expected high and low individual recoveries for class members and the expected recovery for Plaintiff Julio Ochoa.

2.           The Settlement Agreement must provide separate releases for the class and PAGA claims.

3.           The Agreement allows for amendment or modification without requiring court approval. The Agreement must require court approval for any amendments or modifications. 

4.           The PAGA and Class periods referenced throughout the Notice and in the Proposed Order are inconsistent with the periods defined in the Settlement Agreement. (Compare Notice with Settlement Agreement, ¶¶9, 25). Per the Settlement Agreement, the end date of both periods is July 19, 2021, whereas the notice and proposed order repeatedly refer to end dates of March 13, 2020.

5.           Should the notice be provided in any language other than English? Why or why not?

6.           The Notice does not contain a Request for Exclusion form or an Objection form. The court prefers the use of Exclusion and Objection forms. (See Guideline 10 on this Court’s Tentative Ruling site).

7.           Counsel must address whether there are any class, representative or other collective actions which may potentially be influenced by settlement. (See Guideline 13).

8.           The proposed order needs to refer to the settlement agreement by the ROA number of the declaration to which it is attached. A copy of the notice must be attached to the proposed order as Exhibit 1.

The hearing has been continued 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 October 21, 2022