Judge: Keri G. Katz, Case: 37-2021-00051013-CU-OE-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2021-00051013-CU-OE-CTL TORRES VS GTM WHOLESALE LIQUIDATORS INC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's 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 Plaintiff meets Plaintiff's burden of showing that the settlement is fair, adequate and reasonable. The also court makes a preliminary finding that Plaintiff establishes 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 preliminarily approves Phoenix Class Action Administration Solutions as Settlement Administrator. The court sets the motion for final approval/fairness hearing for April 5, 2024, at 8:30am. The court approves the notice with the following changes: Last box under 'SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT' revise the first sentence to read: The amount of your Individual Class Payment and PAGA Payment (if any) depend on how many workweeks you worked, if you worked at least one day, during the Class Period and how may Pay Period you worked, if you worked at least one day, during the PAGA Period, respectively.

Paragraph 1. revise second sentence to read: '. . . failing to keep accurate payroll records, failing to pay timely wages. . . .' Paragraph 9. Revise last sentence to read '. . . Clerk's office at the Hall of Justice, 330 W. Broadway, San Diego, California 92101.' The court orders Plaintiff to, within 10 days of this ruling, submit a revised proposed order, with above hearing date, with the above modifications to the notice and with a copy of the fully executed Settlement Agreement attached as 'Exhibit 1' and a copy of the revised notice attached as 'Exhibit 2.' Calendar No.: Event ID:  TENTATIVE RULINGS

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