Judge: Keri G. Katz, Case: 37-2021-00023535-CU-OE-CTL, Date: 2023-08-18 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 03, 2023

08/04/2023  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) 37-2021-00023535-CU-OE-CTL NUNEZ VS INTERSTATE MANAGEMENT COMPANY LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs' unopposed motion for 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, 1801, the court makes a preliminary finding that Plaintiffs meet their burden of showing that the settlement is fair, adequate and reasonable. The court also finds 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 December 8, 2023, at 8:30am. The court approves the notice with the following changes: Page 1, fourth paragraph, second sentence, revise to read: '. . . you believe that you worked more Pay Periods, you can submit . . . . ' Page 2, second full paragraph, subheading (2), second sentence, revise to read: 'and, if you are an Aggrieved Employee, you will also remain eligible . . . .' Page 3, next to 'You Can Participate in the Final Approval Hearing' first paragraph, last sentence, revise to read: 'This hearing date may change . . . . ' Page 7, subheading 4, replace the link with: https://roa.sdcourt.ca.gov/roa/ and revise to read: '. . . and entering Case No. 37-2021-00023535 or for free in person at the Hall of Justice 330 West Broadway, San Diego, California 92102.' Page 10, subheading 8, first full paragraph, replace the link with: https://www.sdcourt.ca.gov/virtualhearings Page 11, subheading 9, first paragraph, replace the link with: https://www.sdcourt.ca.gov/virtualhearings Page 11, subheading 9, first full paragraph, replace the link with: https://roa.sdcourt.ca.gov/roa/ Page 11, subheading 10, second paragraph, replace the link with: https://roa.sdcourt.ca.gov/roa/ and revise to read: '. . . and entering Case No. 37-2021-00023535 or for free in person at the Hall of Justice.' The court orders Plaintiff to, within 10 days of this ruling, submit a revised proposed order, with the above modifications to the notice and with a copy of the fully executed Class Action and PAGA Settlement Agreement, including Exhibit A, attached as 'Exhibit #1.' Calendar No.: Event ID:  TENTATIVE RULINGS

2953695  4 CASE NUMBER: CASE TITLE:  NUNEZ VS INTERSTATE MANAGEMENT COMPANY LLC  37-2021-00023535-CU-OE-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

2953695  4