Judge: Lon F. Hurwitz, Case: 20-01155488, Date: 2023-08-25 Tentative Ruling

Motion for Final Approval

On June 13, 2022, Plaintiff filed her Motion for Preliminary Approval. (ROA 63). On April 28, 2023, at the second hearing on the matter, the Motion for Preliminary Approval was granted. (ROA 98). Counsel was ordered to provide evidence of fees in the form of time entries or summary of time spent so the Court could evaluate the lodestar. Counsel was also ordered to present evidence of costs claims. (Ibid.) The Order Granting Preliminary Approval was entered on May 3, 2023. (ROA 100).

On August 3, 2023, Plaintiff filed the current Motion for Final Approval of Class Action Settlement. (ROA 120). However, Plaintiff did not provide a copy of the Settlement Agreement with the final approval papers. Presumably, Plaintiff did not do so because there were no changes to the fully executed version submitted at the time of preliminary approval.

The Settlement Agreement is the basis for the Final Approval. Therefore, it must be attached to counsel’s declaration for the Court’s review. The Court should not be required to refer to a separate document filed during preliminary approval to reach a determination at Final Approval.

RULING:

The Motion for Final Approval of Class Action and PAGA Settlement is CONTINUED to October 27, 2023, at 1:30 p.m. in Department CX103. For the Final Approval hearing. A copy of the fully executed Settlement Agreement must be submitted as an attachment to counsel’s declaration. Counsel is ORDERED to file supplemental papers addressing this issue no later than fourteen (14) calendar days prior to the continued hearing date.

The Court does not require any physical or remote appearance at the hearing scheduled for August 25, 2023.