Judge: Lon F. Hurwitz, Case: 20-01166375, Date: 2023-08-25 Tentative Ruling

1. Motion for Approval of Class Settlement

2. Status Conference

Motion for Preliminary Approval of Class Action and PAGA Settlement

Moving Party: Plaintiffs Juan Salvador Villanueva, Yesenia Bermudez, and Isabel Herrera

Responding Party: None

SERVICE: March 20, 2023, by electronic transmission

RELIEF SOUGHT: Plaintiffs seek preliminary approval of a class action and PAGA settlement.

UPCOMING EVENTS: None

FACTS/OVERVIEW: This is a putative wage-and-hour class and PAGA action. On October 21, 2020, Plaintiff Juan Salvador Villanueva filed the original Complaint against Defendant La Carreta Supermarkets, Inc. (“Defendant”), alleging four wage-and-hour violations and a claim of unfair business practices. (ROA 2). The First Amended Complaint, filed February 3, 2021, added a PAGA claim. (ROA 9). The operative Second Amended Complaint (ROA 154) was filed January 10, 2023, pursuant to a stipulation after the parties reached a settlement at mediation and agreed to take the then-pending motion for class certification off calendar (ROA 146). The Order granting leave to file the SAC was signed January 9, 2023 (ROA 148). The SAC added two named Plaintiffs, Yesenia Bermudez and Isabel Herrera, and contains the following eight causes of action:

1. Failure to Provide Meal Breaks;

2. Failure to Provide Rest Periods;

3. Failure to Provide Accurate Itemized Wage Statements and Maintain Records;

4. Failure to Pay Timely Wages Upon Termination;

5. Unlawful Business Practices;

6. PAGA Violation;

7. Failure to Provide Minimum Wages;

8. Failure to Provide Overtime Wages

On March 20, 2023, Plaintiffs filed the Motion for Preliminary Approval of Class Action and PAGA Settlement. (ROA 175). At the hearing on June 9, 2023, the Court continued the hearing and ordered counsel to file supplemental papers addressing the Court’s concerns. (ROA 186).

On August 8, 2023, the parties filed a Joint Status Report regarding the pending motion. (ROA 191). In the report, the parties state that on July 21, 2023, Plaintiffs’ counsel sent a copy of redline changes to the Settlement Agreement and asked Defendant’s counsel to provide certain information in order to address the issues in the Court’s ruling. Defendant’s counsel states they are working to provide the requested information, but have not yet completed the process. As a result, the parties ask the Court to continue the hearing on the pending motion for 30 days.

RULING:

The Motion for Preliminary Approval is CONTINUED to November 3, 2023, at 1:30 p.m. in Department CX103 to give the parties an opportunity to address the issues identified in the June 9, 2023 ruling.

Counsel is ORDERED to file supplemental papers addressing the Court’s concerns no later than fourteen (14) calendar days prior to the continued hearing date. Counsel is ORDERED to provide red-lined versions of all revised papers. Counsel is ORDERED to provide the Court with an explanation of how the pending issues were resolved, with precise citation to any corrections or revisions. A supplemental brief or declaration that simply asserts the issues have been resolved, or does not clearly state a specific concern has been resolved, is insufficient and will result in a continuance and/or on OSC re Sanctions for failure to follow the Court’s order pursuant to CCP Section 177.5.

The Status Conference is continued to November 3, 2023 at 1:30 p.m.

Clerk to give Notice.

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