Judge: Randall J. Sherman, Case: 2021-01183505, Date: 2022-11-04 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiff’s Motion for Order Approving Settlement under California Labor Code Section 2699 et seq. to January 27, 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.

An invoice from the Administrator is required to support its $7,500 fee request.

Plaintiff did not provide the court with the estimated high, low or average individual payments to the aggrieved employees, information that would enable the court to better evaluate the reasonableness of the settlement.

Counsel must submit for court approval an objectively worded cover letter to be sent to the aggrieved employees with their penalty checks to explain the purpose of the checks (referred to in ¶VII of the PAGA Settlement Agreement as the Notice).  The letter 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.  Moreover, there is no information as to how many of the aggrieved employees speak and/or read English, which might require that the cover letter to be sent to the aggrieved employees also be in another language.

The Status Conference set for November 18, 2022 is ordered off calendar.

Plaintiff is ordered to give notice of the ruling to the LWDA and to defendant.  Plaintiff is also ordered to serve the LWDA with any new papers filed for future hearings, and to file a proof of service showing such compliance.