Judge: Loren G. Freestone, Case: 37-2022-00042289-CU-OE-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00042289-CU-OE-CTL HEIDEMANN VS NUFFER SMITH TUCKER [E-FILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Holly Heidemanns's unopposed motion to approve PAGA settlement is DENIED WITHOUT PREJUDICE.

To the extent the settlement is limited to a single aggrieved employee who worked a total of three pay periods, the amount is 'fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.' (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) However, the terms of the settlement are somewhat unclear as to its scope. Some parts indicate it is limited to Heidemanns. (See ¶¶ 37, 40, 47.) Other parts indicate that it encompasses and releases claims on behalf of all employees that are within the scope of the complaint. (See ¶¶ 15, 43.c, 45.) The motion is therefore denied without prejudice. The parties may renew the motion in the event they revise the settlement to specify that the only claim being released is Heidemanns' individual PAGA claim.

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