Judge: Glenda Sanders, Case: 2021-01195744, Date: 2022-09-30 Tentative Ruling

1. Motion for Preliminary Approval of Class Settlement

2. Status Conference (Continued)

The court thanks the parties for the comprehensive papers filed in support of this motion. There are, however, certain minor issues that need to be addressed including the fact that the proposed order contains unnecessary language that must be deleted. 

The hearing on this motion and the Status Conference are continued to October 14, 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 no later than 5 court days prior to the hearing. 

1.     The court notes that it is unlikely to award an enhancement of $7,500. The court will likely reduce the award to $5,000.

2.            The exclusion form needs to indicate that the individual cannot opt out of the PAGA settlement and that he/she will still be bound by the PAGA release and receive a PAGA payment.

3.            The declaration(s) filed in support of the motion must inform the court as to whether the parties, after making reasonable inquiry, are aware of any class, representative or other collective action in any other court that asserts claims similar to those asserted in the action being settled. (CX101 Preliminary Approval Guideline 13). While counsel has indicated that there are no pending PAGA actions, he has not addressed other representative actions.

4.            While attorney Winston confirms that neither he nor his client has any interest and/or involvement with the proposed cy pres recipient, counsel must also address whether Defendant or its counsel has any interest in the proposed cy pres beneficiary.

5.            The Proposed Order contains language unnecessary to the primary purposes of such an order namely, to make findings supporting approval, effectuate the settlement and give satisfactory notice to the allegedly aggrieved employees. Please modify the order to simplify it such a way as to achieve these purposes. Once a revised order has been submitted, the court will make any non-substantive changes required for approval, and the court will set a Final Approval hearing for January 20, 2023.

If the revised papers are satisfactory, the court will sign the Order (with any necessary, minor non-substantive changes)  and vacate the October 14, 2022 hearing.

The court does not require any physical or remote appearance at the hearing scheduled for 9/30/22.

Plaintiff to give notice.