Judge: Holly J. Fujie, Case: 21STCV02635, Date: 2023-06-22 Tentative Ruling

Case Number: 21STCV02635    Hearing Date: June 22, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiffs Hector Ferrer (Ferrer) and Francisco Ortiz Castor (“Castor”) (collectively, “Plaintiffs”)

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            The currently operative first amended complaint alleges nine causes of action arising out of an employment relationship, including a claim under the Private Attorneys General Act. 

            On October 11, 2022, the Court granted Plaintiffs’ motion for preliminary approval of class action settlement.  On June 5, 2023, Plaintiffs filed a motion for final approval of class action settlement (the “Settlement Motion”).  On June 15, 2023, Plaintiffs filed a motion for attorney’s fees (the “Fees Motion”).  The Settlement Motion and Fees Motion do not satisfy the notice requirements of CCP section 1005, as both were filed under 16 court days before the date of the hearing.  The Court therefore CONTINUES the hearing to July 14, 2023 at 8:30 a.m. in this department.

Moving party is ordered to give notice of this ruling.

            Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

           Dated this 22nd day of June 2023