Judge: Lon F. Hurwitz, Case: 2021-01185270, Date: 2022-11-04 Tentative Ruling

1. Motion for Preliminary Approval of Class Action Settlement

2. Status Conference

The hearing on this motion and the Status Conference are continued to February 10, 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. Please specify the estimated number of PAGA aggrieved employees and/or clarify that the PAGA aggrieved employees are the same estimated 675 members of the class.

2. What is the expected high and low individual recoveries for class members.

3. Should the notice be provided in any language other than English? Why or why not?

4. The Notice Packet does not include a Request for Exclusion form or an Objection form. The court prefers the use of Exclusion and Objection forms. (See Guideline 10 on this Court’s Tentative Ruling site).

5. Are there any class, representative or other collective actions which may potentially be influenced by settlement? (See Guideline 13).

6. Should the Notice contain a link to a website where the Settlement Agreement or Notice of Final Judgment can be downloaded? The Court notes it is not practical to force class members

throughout the state of California to physically go to the Orange County Superior Court to look at these documents.

7. In the Notice, the third line of “Basic information, Section II” references a date of July 31, 2016, which appears to be a typographical error. Based on the allegations of the FAC, the date should match the start date of defined class period of February 22, 2017.

8. The proposed order needs to refer to the settlement agreement by the ROA number of the declaration to which it is attached. A copy of the notice must be attached to the proposed order as Exhibit 1.

The hearing has been continued the first available date. There are no earlier dates available.

The court does not require any physical or remote appearance at the hearing scheduled for November 4, 2022.