Judge: Matthew C. Braner, Case: 37-2022-00042665-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  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00042665-CU-OE-CTL GONZALEZ VS THE TORO COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Jvonn Gonzalez's unopposed motion for preliminary approval of class settlement is GRANTED.

The Final Approval Hearing is set for February 16, 2024, at 9:00 a.m.

The court is troubled with Plaintiff's decision to bury a potentially material dispute between the parties regarding payroll taxes in the middle of an over-sized memorandum; this type of request for relief should have been clearly raised in the notice of motion. Nonetheless, the court has considered the parties' respective arguments on this issue and finds that Defendant The Toro Company's share of payroll taxes should be paid separate from the gross settlement amount.

The Court is prepared to sign the proposed order once the tentative ruling is confirmed.

The parties are advised the Final Approval Hearing contemplates a single motion. If Plaintiff intends to file any additional motions, such as a motion for attorney's fees, those motions should be scheduled separately.

Plaintiff and his counsel are warned that if another memorandum is filed that exceeds the page limits set forth in Rule 3.113 of the California Rules of Court, without first obtaining leave of court, the document will be rejected and the motion denied. The court denies Plaintiff's one-sentence request for relief from the page limit in the notice of the motion, as it does not comply with the Rules of Court. (CRC 3.113, subd. (e) ['A party may apply to the court ex parte but with written notice of the application to the other parties, at least 24 hours before the memorandum is due, for permission to file a longer memorandum.

The application must state reasons why the argument cannot be made within the stated limit.'].) Calendar No.: Event ID:  TENTATIVE RULINGS

3010466  20