Judge: Peter Wilson, Case: 2019-01059205, Date: 2022-07-28 Tentative Ruling

Having reviewed the papers, including all supplemental papers, filed in connection with the Motion for Preliminary Approval of $200,000.00 class and PAGA action settlement, the Court notes that there is a discrepancy in the proposed Order. The clean version, ROA 140, does not have the revisions set forth in the redlined version, ROA 135. Additionally, neither version includes the deadline for submitting requests for exclusion. See ROA 135, ¶10 and ROA 140 ¶9. Further, the proposed Notice (1) fails to adequately inform class members that they cannot opt out of the PAGA portion of the settlement, and (2) fails to adequately apprise class members of the scope of the PAGA release which results from final approval.

Provided Plaintiff submits a revised proposed Order and a revised proposed Notice (see further below) addressing the issues identified above to the satisfaction of the Court, the Court will GRANT the Motion subject to the following:

$ 7,500.00 for Plaintiff’s Enhancement (not to exceed); 

$ 66,666.67 for Attorney’s Fees (not to exceed); 

$ 10,000.00 for Litigation costs (not to exceed); 

$ 5,100.00 for Settlement Administrator’s Fees and Costs (not to exceed); and  

$ 3,750.00 for the LWDA’s share (75%) of the total $5,000 PAGA penalties.

As to the Notice: (1) In the second paragraph in Section 2, (“PAGA”) should be added after California Private Attorneys General Act. (2) Section 6 must contain separate paragraphs explaining the scope of released claims for class members generally versus those employed during the PAGA Period, the latter to be defined as the “PAGA Release” (see Section 8). (3) The last sentence in Section 8 is incomplete ("from the class pursuant and were employed ") and should be revised as follows, in a separate paragraph: Individuals otherwise meeting the definition of Class Members who exclude themselves from the class and were employed during the PAGA Period shall still receive payment for the amount of each such individual’s estimated share of the PAGA Payment, as shown in Section 5, and shall still be bound by the PAGA Release." (4) Add a paragraph in section 10 as follows: Even if you exclude yourself from the settlement, upon final approval of the settlement you will be bound by the PAGA Release.

Plaintiff is ordered to submit the revised proposed Order and the revised proposed Notice within 5 court days. In the event there are issues with the revised proposed Order or the revised proposed Notice, the Court continues the hearing to August 25, 2022.

Plaintiff is ordered to give notice, including to the LWDA, and to file a proof of service within 5 court days.