Judge: Randall J. Sherman, Case: 2021-01226173, Date: 2023-07-28 Tentative Ruling

The tentative ruling is to continue the hearing on plaintiff’s Motion for Order Granting Preliminary Approval of Class Action Settlement to October 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 reread) no later than two weeks 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 copies of the two LWDA letters that were sent to the LWDA on July 20, 2021 and November 11, 2022, the court sees that the settlement terms are not consistent with the notices provided to the LWDA.  The definition of “PAGA Released Claims” in §I.HH of the settlement agreement is too broad.  The release must be limited to claims that are asserted in the operative pleading or that could be asserted based on the facts alleged in the operative pleading.  Amaro vs. Anaheim Arena Management, LLC (2021) 69 Cal. App. 5th 521, 537 (4th Dist., Div. 3).  The PAGA release includes Labor Code §221, which was not included in either of plaintiff’s PAGA letters or in plaintiff’s pleadings, and is not based on the facts alleged in the operative pleading.  Thus, that statute must be removed from the PAGA release.

Plaintiff is ordered to give notice to defense counsel unless notice is waived.