Judge: Peter Wilson, Case: 30-2021-01221147, Date: 2023-06-15 Tentative Ruling
The hearing on the Motion for Approval of PAGA Settlement is CONTINUED to August 10, 2023 at 2:00 p.m. in department CX101 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 each of the points raised below. If required, an amendment to the settlement agreement is directed, rather than “amended settlement agreement”, to avoid use of limited Court time and resources. The parties shall also provide redline copies of the revised notice and proposed order.
A judgment in a PAGA action “binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, “to determine whether it is fair, reasonable, and adequate in view of PAGA’s purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws. (See Moniz v. Adecco USA, Inc. (2021) 72 Cal. App. 5th 56.)
As to the Settlement
1. The reference to the Complaint in the PAGA Group Settlement Members’ Release (Settlement, ¶III.K.1) should be deleted.
2. Plaintiff’s counsel does not identify whether there are any related or overlapping actions.
3. The Settlement at ¶III.I appears to contemplate disputes of the calculation of the individual PAGA payments but the Settlement does not set forth a procedure or deadline for submitting disputes.
As to the Notice
4. The notice to the aggrieved employees is to be revised consistent with the issues addressed above.
5. The Notice will be sent in English and Spanish. ROA 111, Moon Decl., 16. The certified Spanish translation should be attached to the proposed Order.
6. The Notice does not provide any explanation of how the individual’s PAGA payment was calculated, and there is no explanation of how or by when to dispute the calculation.
As to the Proposed Order
7. The proposed order is to be revised consistent with the issues addressed above.
8. Settlement and notice, including the certified Spanish translation, should be attached to the proposed order as an exhibit.
9. The reference to objection in the first paragraph (line 4) should be deleted.
10. In paragraph 3, line 18, “Cover” should be changed to “Covered”.
11. In paragraph 3, in the definition of “Released Claims”, “Plaintiff’s Complaint and” should be deleted.
12. In paragraph 6.e, the specific amounts of the Net Settlement Amount, the amount due to the LWDA and the amount due to the PAGA Settlement Group Members should be stated.
13. There is no deadline for submitted disputes.
14. The proposed order should include a date for the final accounting. The final accounting should occur after the deadline to cash checks has expired. The Court holds final accounting hearings on Fridays at 9:00 AM. The proposed order shall also state that Plaintiff will submit to the Court a final report at least 5 court days prior to the final accounting, including the actual amounts paid to aggrieved employees and the other amounts distributed under the settlement, including uncashed checks.
Plaintiff is ordered to give notice. Counsel must also give notice to the LWDA of this order and any amendments to the Settlement made pursuant to this order, and provide proof of service.