Judge: Randall J. Sherman, Case: 2021-01188066, Date: 2022-12-16 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiff’s Motion for Preliminary Approval of Class Action 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 reread) no later than 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.

Now that plaintiff has provided this court with the two PAGA letters she sent to the LWDA, the court sees that neither of them asserted any violation of minimum wage laws or Labor Code §§1194.2 or 1197.1, even though such allegations are part of plaintiff’s class action allegations in her First Amended Complaint.  Thus, while the settlement agreement may call for the release of minimum wage violations as to the class action, the settlement agreement may not call for the release of minimum wage violations as to the PAGA claims.  The settlement agreement and class notice must be modified accordingly.

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