Judge: Marcella O. Mclaughlin, Case: 37-2021-00006863-CU-OE-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2021-00006863-CU-OE-CTL PHILLIPS VS PROVIDIEN THERMOFORMING INC [E-FILED] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 10/05/2023

The unopposed motion for preliminary approval of class and representative action settlement is GRANTED.

A. As an initial matter, the court notes that the first amended complaint filed on October 26, 2023 does not include plaintiff Malveda. ROA 142. Unless plaintiffs seek to dismiss Malveda from this action – which was consolidated for 'all purposes' in June 2022 (ROA 42, 44) – they must address Malveda's omission from the operative pleading. See Hamilton v. Asbestos Corp. Ltd. (2000) 22 Cal.4th 1127, 1147 ('[T]here are thus two types of consolidation: a consolidation for purposes of trial only, where the two actions remain otherwise separate; and a complete consolidation or consolidation for all purposes, where the two actions are merged into a single proceeding under one case number and result in only one verdict or set of findings and one judgment.') (emphasis added). The court will not approve the settlement unless and until this occurs.

B. Turning to the merits, the court finds it is more likely than not that, if preliminary approval is granted, the settlement will meet with approbation of the class. The court further finds that the PAGA settlement is fair, adequate, and reasonable in light of PAGA's policies and purposes.

The fees sought by plaintiffs' counsel will be the subject of additional scrutiny at the fairness hearing.

Counsel should submit declarations establishing their hours and hourly rate (so the court may calculate a lodestar), and justifying the anticipated costs.

The court will sign the proposed order submitted with the moving papers (ROA 151). However, the proposed final approval hearing date of March 29, 2024 does not work for the court's calendar. The parties should attend the hearing prepared to assist the court in setting a different final approval hearing date.

C. The CMC set for today (ROA 139) is hereby ordered off calendar.

Calendar No.: Event ID:  TENTATIVE RULINGS

3045650  32