Judge: Lon F. Hurwitz, Case: 19-01112030, Date: 2023-05-12 Tentative Ruling

1. Final Accounting

2. Order to Show Cause

Final Accounting

On 02/09/23, Defendant submitted the Declaration of Case C. Barnett. (ROA 201). Barnett’s declaration states that Defendant has provided the last known contact information of the three remaining PAGA members on February 7, 2023. (Id. at ¶ 1-2, Ex. A.)

On 4/27/23, Plaintiff submitted the Supplemental Declaration of Lluvia Islas of ILYM Group, Inc. Regarding Disbursement of Settlement Funds. (ROA 212.) The Islas declaration provides that Islas is the Operations Manager for ILYM Group, Inc., (“ILYM Group”), the claims administrator.

On December 2, 2022, ILYM Group issued and mailed the settlement award checks to the 4 of the 7 PAGA Aggrieved Employees. The total net amount sent to the PAGA Aggrieved Employees was $484.13. (Id. at ¶ 7.) The deadline for the 4 PAGA Group Members to cash their settlement award checks is March 12, 2023, 180 days after its issuance. In accordance with the terms of the Parties’ Settlement Agreement, the necessary paperwork to report the unclaimed funds will be sent to the California State Controller’s Office - Unclaimed Property Fund. (Id. at ¶ 9.)

With regard to the 3 remaining PAGA Aggrieved Employees, on 02/6/23, Defendants provided the contact information for the remaining 3 PAGA Aggrieved Employees and ILYM Group issued and mailed the settlement award checks to the remaining 3 PAGA Aggrieved Employees. The total net amount sent to the remaining 3 PAGA Aggrieved Employees was $515.87. (Id. at ¶ 11.)

Although not specifically stated, it is presumed that the deadline for these 3 remaining aggrieved employees to cash their checks is also 180 days after their issuance, which would compute to 08/05/23.

RULING:

The administrator reports that Defendants provided contact information for the 3 remaining PAGA Members. On 02/06/23, ILYM Group issued and mailed the settlement award checks to the remaining 3 PAGA Aggrieved Employees.

The Final Accounting is continued to September 4, 2023 at 1:30 p.m. in Department CX103. Class Counsel (or the Settlement Administrator) shall file an updated declaration as to the status of cashed checks no later than 10 court days prior to the continued hearing.

Plaintiff to give Notice.

Order to Show Cause

Counsel declares that the 01/11/23 appearance was missed due to a clerical error and miscommunication of Defendant’s staff. (Id. at ¶ 3.) The Order to Show Cause is Off Calendar.