Judge: Randall J. Sherman, Case: 2018-00993440, Date: 2022-12-16 Tentative Ruling

The tentative is to continue the hearing on plaintiff’s Motion for Approval of Private Attorneys General Act (PAGA) Settlement to March 10, 2023 at 10:00 a.m.  Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be re-read) at least 16 days before the next hearing date.  Counsel must submit an amendment to the settlement agreement rather than any amended settlement agreement.  Counsel also must provide a red-lined version of any revised papers, including the proposed letter to the aggrieved employees.  Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the proposed letter to the aggrieved employees, rather than with just a supplemental declaration or brief simply asserting that the issues have been resolved.

Plaintiff provides no information as to plaintiff’s potential recovery or defendant’s potential exposure for the violations alleged.  Plaintiff must provide and explain estimates of potential PAGA penalties that might be recovered in a best-case scenario.  Such information is necessary for the court to evaluate the reasonableness of the settlement.

Plaintiff requests an attorneys’ fees award of 30%, or $135,000, with 2/3 awarded to Marlin & Saltzman LLP, and 1/3 awarded to United Employees Law Group, P.C.  However, plaintiff has provided no invoices or billing statements to support the fee request of United Employee Law Group, P.C.

The settlement agreement provides in §3.10 that uncashed check funds will be paid to the LWDA, but the cover letter to the aggrieved employees states on p. 2 that such funds will be transferred to the State Controller’s Unclaimed Property Fund in the aggrieved employees’ names.

The Status Conference set for January 6, 2023 is ordered off calendar.

Plaintiff is ordered to give notice of the ruling to defense counsel unless such notice is waived.