Judge: Randall J. Sherman, Case: 2018-00993440, Date: 2022-08-26 Tentative Ruling

Defendant Care Ambulance Service, Inc.’s Joint Motion for Approval of PAGA Settlement is denied without prejudice.  The parties may refile this motion after they have a signed settlement agreement by the parties, not just their counsel, estimates of potential PAGA penalties that might be recovered in a best-case scenario or a realistic scenario, such that the court can determine if the proposed settlement is fair, adequate and reasonable, evidentiary support for the requested attorneys’ fees, attorney costs and enhancement (which all must be approved for specific amounts), the identification of and an invoice from an administrator, a cover letter to accompany the settlement payment checks, which also must explain that no claims for unpaid or underpaid wages have settled and that this settlement is without prejudice to the pursuit of any such claims, and a meaningful proposed order with details of the settlement.  The moving party also must file a notice of motion pursuant to CRC Rule 3.1110, a copy of the February 20, 2018 LWDA letter, an adequate description of the method of distribution of the settlement funds to the attorneys (including disclosure of the proposed fee split between the two plaintiff law firms), the aggrieved employees, the administrator and the LWDA, the high, low and average individual payments to the aggrieved employees under the settlement, and an explanation of why defendant, not plaintiff, filed this motion.  Although the motion asserts that plaintiff’s counsel has health issues, there are two law firms of record for plaintiff and three individual attorneys listed on the pleadings.  Further, the court will not approve any covenant not to sue or to participate in any proceeding, as set forth in the release.

Defendant has not shown that it served the LWDA with the moving papers.  Defendant is ordered to give notice of the ruling to the LWDA and to plaintiff, to serve the LWDA with the original moving papers as well as any future moving papers, and to file a proof of service showing such compliance.