Judge: Melvin D. Sandvig, Case: 22CHCV00191, Date: 2024-02-14 Tentative Ruling

Case Number: 22CHCV00191    Hearing Date: February 14, 2024    Dept: F47

Dept. F47

Date: 2/14/24

Case #22CHCV00191

HEARING ON STIPULATION FOR COURT APPROVAL OF PAGA SETTLEMENT

Stipulation received on 11/30/23.

On 11/30/23, Plaintiff Jessica Ornelas (Plaintiff), on behalf of herself and the aggrieved employees (Plaintiff), submitted a Joint Stipulation Re: Court Approval of PAGA Settlement and Order.  Upon review, the Court found the stipulation and attached PAGA Settlement Agreement did not meet the requirements for approval.  (See 12/6/23 Minute Order).  In order to address the deficiencies noted by the Court, the Court set the matter for hearing on 2/14/24 and ordered the parties to submit additional/supplemental papers, declarations, a new proposed order, etc. at least five court days before the hearing.  Id.

On 2/5/24, Plaintiff submitted declarations in support of the settlement of the PAGA claims.  (See Ornelas Decl.; Donabedian Decl.; Lawrence Decl.).  Additionally, on 2/6/24, Plaintiff filed a Notice of Lodging of the Confidential Declaration of Annie Bishop with confidential exhibits.  (See Notice of Lodging).  The Court finds good cause to file the lodged documents under seal so the information therein remains confidential.  (See 12/6/24 Minute Order).

The Court finds that the supplemental declarations sufficiently address the issues noted in the Court’s 12/6/23 Minute Order.  As such, the PAGA Settlement will be approved.  Plaintiff’s counsel is ordered to submit a new proposed Order stating:

The Court, having read and considered the stipulation of the parties and the declarations of Jessica Ornelas, Sam Donabedian, Jodey Lawrence and Annie Bishop filed in support thereof and good cause appearing therefor,

IT IS HEREBY ORDERED THAT this Court approves of the PAGA settlement in the underlying case as follows: 1) The PAGA settlement of $11,000.00 gross settlement is fair, just, and reasonable; 2) Attorney Fees in the amount of $1,100.00 is approved; 3) PAGA administration costs in the amount of $2,850.00 is approved; and 4) the distribution of $5,287.50 to the state of California and $1,762.50 to the aggrieved employees is fair, just, and reasonable and approved.

IT IS SO ORDERED.

     DATED: _______________

                                                               ________________________

                                                               Honorable Melvin D. Sandvig

Thereafter, Plaintiff is ordered to file a stipulation dismissing the action without prejudice with the Court retaining jurisdiction pursuant to CCP 664.6.