Judge: Robert C. Longstreth, Case: 37-2022-00048854-CU-OE-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00048854-CU-OE-CTL SALAZAR VS WESTCOTT ENTERPRISES INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 04/11/2024

Plaintiff's Motion for Approval of PAGA Settlement (ROA 37) is GRANTED.

The court finds that the proposed settlement is 'fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.' (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The Labor Code mandates that penalties are to be distributed 75% to the Labor Workforce & Development Agency ('LWDA') and 25% to the aggrieved employees. (Lab. Code § 2699(i).) The settlement appears to comply with this requirement because expressly provides the PAGA penalties are to be paid 75% to the LWDA and 25% to the aggrieved employees, consistent with statute. (Ferrero Decl. at Exh. 1, § II.3.) However, counsel's calculation of the exact amounts to be distributed is inconsistent with the required percentages. (Id. at ¶ 19.) The court presumes this was just an error in the calculation, and approval is granted based on this assumption.

Trial and all related dates are ordered VACATED in light of the settlement.

The court sets a compliance hearing for December 20, 2024 at 8:30 a.m. The settlement administrator's report is to be filed by Plaintiff on or before December 11, 2024.

Plaintiff is to submit a revised proposed order and Judgment within five (5) days correcting the calculations of the distributions to the aggrieved employees and the LWDA and adding the compliance hearing date and report deadline.

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