Judge: Randall J. Sherman, Case: 2021-01190528, Date: 2023-08-11 Tentative Ruling

The tentative ruling is to continue the hearing on the parties’ Amended Joint Motion for PAGA Settlement Approval to September 28, 2023 at 10:00 a.m.

Plaintiff sent an amended PAGA Notice letter to the LWDA on June 30, 2023 to include notice of an alleged violation of Labor Code §510.  Pursuant to Labor Code §2699.3, plaintiff may not include that new alleged violation as part of this action, and therefore have it included in the settlement release, until either the LWDA notifies plaintiff of its intent not to investigate this new claim, or 65 days have passed since the amended PAGA Notice letter was sent and no notice was given by the LWDA.  This deadline runs on September 3, 2023.  Plaintiff must file a supplemental declaration by September 14, 2023, letting the court know whether or not the LWDA responded to plaintiff’s amended PAGA Notice letter.

Plaintiff is ordered to give notice of the ruling to the LWDA and to defendant.