Judge: Keri G. Katz, Case: 37-2020-00029409-CU-OE-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  08:25:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2020-00029409-CU-OE-CTL COFFEY VS SOCAL PERMANENTE MEDICAL GROUP [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs' amended unopposed motion for conditional class certification of settlement class and preliminary approval of class action settlement is GRANTED. Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, the court makes a preliminary finding that Plaintiffs meet their burden of showing that the settlement is fair, adequate and reasonable. The also court makes a preliminary finding that Plaintiffs establish sufficient grounds for class certification for purposes of settlement. Dunk, 48 Cal.App.4th 1807, fn. 19. See also, Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319. The court sets the motion for final approval/fairness hearing for May 24, 2024 at 8:30am.

As to the notice, it is apparent from a review of the notice that numerous formatting issues and typos remain. Therefore, the court conditionally approves the notice with the following changes: Section I, second paragraph, second sentence, revise to begin: 'This notice is also . . . .' Section I, under SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:, second box, revise 'See Section V of this Notice' to read 'See Section VIII of this Notice.

Section I, under SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:, fourth box, first sentence revise 'located at t the Hall of Justice' to read 'located at the Hall of Justice.' Section III, second paragraph, revise to conclude: '. . . (the 'Sub-Class Members').' Section IV, paragraph B., delete the 'and' before (6).

Section IV, paragraph C., revise 'performed worked for SCPMG' to read 'performed work for SCPMG.' Section IV, paragraph D., omit the words 'PAGA Sub-Class period.' Section IV, paragraph F., add a separately numbered/lettered section for the paragraph that begins 'Class Member Released Claims.' Section IV, paragraph F, replace 'DLSE' with 'State of California Department of Industrial Relations Division of Labor Standards Enforcement.' Section IV, paragraph F., replace 'health tatus' with 'health status.' Calendar No.: Event ID:  TENTATIVE RULINGS

3051187 CASE NUMBER: CASE TITLE:  COFFEY VS SOCAL PERMANENTE MEDICAL GROUP [IMAGED]  37-2020-00029409-CU-OE-CTL Section IV, paragraph F., make the sentence that begins 'SCPMG shall have the option . . . ' a separate paragraph within this subsection.

Section IV, paragraph F., make the sentence that begins 'You will be barred . . . ' a separate paragraph within this subsection.

Section IV, paragraph G., first sentence revise 'and forever released Releasees any and all claims' to read 'and forever released Releasees from any and all claims.' Section IV, paragraph J., replace 'forever released Releasees any and all claims' with 'forever released Releasees from any and all claims.' Delete Section V. The court finds this section confusing when read in conjunction with the SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT section.

Section IX, third sentence, revise to read ' . . . inspecting the Court file in the Civil Business Office of the San Diego County Superior Court . . . . ' Approval of the notice is conditioned on Plaintiffs making the above revisions as well as correcting the section numbering/lettering and any other typos, etc. in the notice.

Plaintiffs also appear to seek a determination that the settlement 'was made in good faith pursuant to California Rules of Court, rules 3.769 and 3.770.' However, neither of the rules Plaintiffs cite includes a 'good faith' provision. To the extent Plaintiffs seek a good faith determination under CCP § 877.6, Plaintiffs fail to set forth the grounds for such a determination on this motion. There is no discussion of a good faith determination in Plaintiffs' amended memorandum of points and authorities. The court makes no findings on the issue of whether the settlement was made in good faith for purposes of CCP § 877.6.

The court orders Plaintiffs to, within 10 days of this ruling, submit a revised proposed order, omitting the paragraph at page 1, lines 8-10, adding the term 'Stipulation and Settlement of Class, Collective and Representative Action ('Settlement Agreement')' in place of the term 'Settlement Agreement' at page 1, line 12, adding the above date for the final approval/fairness hearing, adding the above modifications to the notice, attaching a copy of the fully executed Joint Stipulation of Class and PAGA Action Settlement as Exhibit A and attaching the revised 'NOTICE OF CLASS ACTION SETTLEMENT' as Exhibit B.

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3051187