Judge: Marcella O. Mclaughlin, Case: 37-2023-00007892-CU-OE-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2023-00007892-CU-OE-CTL PENETRANTE VS PRESIDIO COMPONENTS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 07/27/2023

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

A. As an initial matter, the court notes that the supporting memorandum of points and authorities is 21 pages long. This exceeds the page limits set forth in CRC 3.1113(d) and 3.764(c)(2). Although plaintiff did not seek permission to file a longer memorandum (CRC 3.1113(e)), the court exercises its discretion and will consider the entire document. See CRC 3.1113(g), 3.1300(d). Going forward, however, plaintiff is directed to comply with the applicable page limit requirements.

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 plaintiff's 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.

Accordingly, the court grants the unopposed preliminary approval motion and will sign the proposed order submitted with the moving papers (ROA 16). Counsel should attend the hearing prepared to discuss future dates to be filled in on the proposed order.

C. The CMC set for today is hereby ordered off calendar.

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