Judge: Randall J. Sherman, Case: 2021-01217507, Date: 2022-08-26 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiff’s Motion for Approval of Good Faith Determination of Class Action Settlement and Provisional Class Certification for Settlement Purposes Only to September 16, 2022 at 10 a.m.

Plaintiff failed to file his First Amended Complaint at all, let alone within 10 days after the court’s Order of July 8, 2022 approving the parties’ Stipulation for the filing of the First Amended Complaint.  The parties wanted the First Amended Complaint deemed filed, but the court struck that provision, requiring instead, “The First Amended Complaint must be filed as a separate document within 10 days, so that the court will be able to locate the pleading in the court’s file.” (underlining in the original).  In fact, the pleading is nowhere in the court’s file, even as an attachment to something else.  The current operative pleading asserts only PAGA violations, but the parties propose to settle this case as a class action and PAGA case.  That request requires a pleading that asserts class claims, but as of this date there isn’t one.  Plaintiff is ordered to file his First Amended Complaint by August 31, 2022.

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