Judge: Ronald F. Frazier, Case: 37-2018-00064518-CU-OE-CTL, Date: 2023-08-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 03, 2023

08/04/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2018-00064518-CU-OE-CTL VILLA VS. RENTY LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 07/13/2023

Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, Class Representatives' Service Awards, and Attorneys' Fees and Cost is CONTINUED to August 18, 2023 to allow time for supplemental briefing. (ROA 247.) This is a consolidated action which consists of multiple separately filed complaint asserting claims under the Labor Code Private Attorneys General Act ('PAGA') as well as a complaint asserting class claims.

From the briefing, it is not clear to the court how or even if the parties are resolving the PAGA claims asserted by Plaintiffs in this consolidated action. It appears no amount has been allocated in the settlement for PAGA penalties. Plaintiffs' memorandum of points and authorities contains a section regarding the value of the proposed settlement, but does not discuss the estimated value of the PAGA claims.

The court also notes there is no evidence of whether Plaintiffs complied with their statutory requirement to notify the Labor & Workforce Development Agency ('LWDA') of the settlement before the court approves it. (Lab. Code § 2699(l)(2).) The motion is continued to allow time for Plaintiffs to submit a supplemental memorandum, on or before August 11, 2023, addressing these issues. The memorandum is to be no more than ten (10) pages and the court requests a courtesy copy be delivered to Department 65.

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