Judge: Glenda Sanders, Case: 2020-01161466, Date: 2022-08-05 Tentative Ruling

1. Motion to Approve PAGA Settlement

2. Status Conference

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

1.    The Amendment to Joint Stipulation of Representative PAGA Action incorrectly states that Paragraph 45 of the Settlement Agreement is amended. The paragraph to be amended is Paragraph 42. Due to the increased chance of errors such as this, the court generally disfavors separate “amendments” to Settlement Agreements.

2.    The court, in further reviewing the Joint Stipulation of Settlement, notes that Paragraphs 60 and 62 of the Agreement purport to authorize the parties to amend or modify the Agreement without court approval. The Agreement must indicate that court approval is required for all amendments or modifications.

The hearing on this Motion for Approval of PAGA Settlement and the Status Conference are continued to September 2, 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 10 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. 

The court does not require any physical or remote appearance at the hearing scheduled for August 5, 2022.