Judge: James A. Mangione, Case: 37-2023-00034540-CU-OE-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2023-00034540-CU-OE-CTL HARRIS VS AUSTAL USA LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's Motion for Preliminary Approval of Class Action Settlement is granted.

The Final Approval Hearing is set for October 4, 2024, at 9:00 a.m. in this Department.

The Class Notice informs class members about their ability to opt out and object to the settlement agreement and provides an estimated individual class payment estimation and the individual number of workweeks for each class member. However, the Notice fails to inform class members that they cannot object or opt out of the PAGA settlement agreement. Furthermore, the Notice does not provide a separate estimated PAGA penalty amount or indicate that the PAGA penalty is included in the individual class payment amount. Finally, the Proposed Order does not contain the class definition.

Class Counsel is directed to submit a revised proposed Class Notice and revised Proposed Order which remedy the above issues within five (5) court days.

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3023240  14