Judge: Peter Wilson, Case: 2020-01170846, Date: 2022-08-18 Tentative Ruling

The Court has reviewed the papers, including all supplemental papers, filed in connection with the Motion for Approval of $472,500 Class and PAGA Action Settlement. The Court continues to have concerns regarding the following:


1.    The definition of PAGA Released Claims is limited to civil penalties but makes no reference to the PAGA statute. ROA 133, Ex. 2, Amendment, ¶II.1; ROA 133, Class Notice, Ex. 3, §14.


2.    In the Class Notice, the explanation of the Released Parties should use the defined terms “Released Claims” and “PAGA Released Claims” to make it clear what claims are being released against the Released Parties.


3.    The releases should also include the time frames for the releases.


4.    Why should the written objections, instead of the exclusion request, govern?


5.    Neither the Settlement nor the Amendment permit objections to be faxed (ROA 133, Ex. 2, ¶II.4 and Ex. 3, §9); yet the Class Notice references faxed objections.


6.    The parties should propose a date for the final approval hearing. Final approval hearings are held on Thursdays at 2:00 p.m.


The hearing is CONTINUED to September 15, 2022 at 2 p.m. Any supplemental papers must be filed and served on all parties, including the LWDA, at least 9 days prior to the continued hearing.


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