Judge: Peter Wilson, Case: 2020-01151333, Date: 2022-08-25 Tentative Ruling

The hearing on the Motion for Final Approval is CONTINUED to September 29, 2022 at 2:00 p.m. in department CX102 to permit the parties to respond to the following issues. A supplemental briefing shall be filed at least 9 days before the continued hearing and respond where necessary to the points raised below:   

1.    How will notice of the judgment be provided to the class? The method for providing notice should be included in the proposed Order.

2.    Plaintiff’s counsel must disclose whether they have any fee-splitting arrangement with any other counsel, aside from counsel identified on the caption, or confirm none exist. (Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler (2012) 212 Cal.App.4th 172, 184; Cal. R. Ct. 3.769(b).) 

3.    The attorney contact information on the caption page of the proposed Order should be deleted.

4.    The proposed Order should include the definition for PAGA Employees.

5.    The proposed Order should confirm that Plaintiff has been appointed class representative, Plaintiff’s counsel is appointed Class Counsel and ILYM Group, Inc. is appointed settlement administrator.

6.    The reference to CCP § 877.6 in paragraph 5 of the proposed Order should be removed.

7.    The release in paragraph 7 of the proposed Order does not track the release in the settlement. In particular, the release in the Settlement appears broader and references the Notice and operative complaint. The release in the proposed order also does not identify the claims excluded from the release like the Settlement does (see Settlement, at ¶I.DD).

8.    In the proposed Order at paragraph 11, line 25, the word "made" should be deleted.

9.    The proposed Order does not state that no disputes were received.

10. Should the Settlement be approved, the Court will hold a status conference for a final accounting. Counsel shall submit a final report at least 10 days prior to that conference regarding the status of the settlement administration. Counsel should include a date for the final accounting in the proposed order.  The Court holds final accounting hearings on Fridays at 9:00 am. The final accounting should occur after the deadline for class members to cash their checks. The final report must include all information necessary for the Court to determine the total amount actually paid to class members and any amounts tendered to the State Controller’s Office under Unclaimed Property law.     

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