Judge: Lon F. Hurwitz, Case: 2021-01178012, Date: 2022-11-04 Tentative Ruling

Motion for Approval of Class Settlement

Ruling:

The hearing on this motion and the Status Conference are continued to May 5, 2023, at 1:30 p.m. in Department CX103 so that plaintiff may address the issues and questions identified below.

It is not necessary for plaintiff to resubmit briefing which has already been filed with the court. Supplemental declarations or other supplemental materials shall be filed at least nine (9) court days prior to the hearing. If a  revised settlement, declaration(s), and/or proposed Class Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court.

1. The Court ordered a “detailed valuation” as well as applicable reductions and discounts. Counsel provided no calculations, but only provided maximum settlement figures for some but not all of Plaintiff’s claims. Details must be provided as to the maximum value of each claim and specific reasons why each claim should be discounted to arrive at a reasonable recovery estimate. This explanation should describe any particular defenses raised by defendants and/or the results of investigation and discovery that caused plaintiffs to conclude that the value of the particular claim should be discounted. Further, the Court will not assume what counsel means by the “myriad existential legal and factual risks inherent in class litigation” with regards to a discount of $871.00 to $915.94 per workweek to $25.61 per workweek, which appears to be a 97%-98% discount, leaving a recovery of 2-3% for the class members. Without further specificity in analysis, the Court cannot approve this settlement as fair and reasonable.

2. What authority is there to release PAGA claims based on violations such as overtime and minimum wage violations that were not disclosed in the pre-filing notices to the LWDA?

3. The First Amended Stipulation still reflects the incorrect date of January 6, 2017. As the error is in the stipulation between the parties, the Court cannot sua sponte correct it without approval from all parties.

The court does not require any physical or remote appearance at the hearing scheduled for 11/4/22.