Judge: Peter Wilson, Case: 2019-01098699, Date: 2022-08-18 Tentative Ruling

The Court has considered the papers, including all supplemental papers, filed in connection with the Motion for Preliminary Approval of $600,000 Class and PAGA Action Settlement. The Court continues to have concerns regarding the following:

1.    The definition of “Released Claims” in the Class Notice is still broader than the Released Claims in the Settlement. The Released Claims in the Settlement are only the “claims alleged in the operative complaint, which arose during the Class Period, except for PAGA claims, which will be dismissed with prejudice as to Plaintiff only”. Addendum to Settlement, ¶5.01, as modified. The Released Claims in the Class Notice release not only the claims alleged in the operative complaint, but claims, wage and hour claims, rights, demands, liabilities and causes of action of any nature or description” that “relate to the facts and claims alleged in the Action or that could have been alleged in the Action based on facts or claims alleged in the Complaint and PAGA notice letter to the LWDA. The release in the Class Notice should be consistent with the release in the Addendum.

2.    The Settlement, Addendum, Class Notice, Objection Form and Exclusion Form Settlement should be included as Exhibits to the proposed Order. The redlined Class Notice, redlined and final proposed Orders, the confirmation of admission and supplemental brief to the LWDA do not need to be included as exhibits in the proposed Order. ROA 207, Ex. 3, ¶2.

If at the hearing these issues are addressed to the satisfaction of the Court, the Court will grant preliminary approval as follows:

$10,000         Plaintiff's enhancement, not to exceed;

$200,000       Attorney’s fees, not to exceed;

$15,000         Actual litigation costs, not to exceed;

$15,000         Administrator's fees and costs, not to exceed.

Plaintiff is Ordered to submit a revised proposed Order and the revised proposed Notice within five court days.

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