Judge: Salvatore Sirna, Case: 20STCV25005, Date: 2023-01-31 Tentative Ruling

Case Number: 20STCV25005    Hearing Date: January 31, 2023    Dept: G

Plaintiff Diana Miranda’s Application for this Court to Enter Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Diana Miranda’s Application for this Court to Enter Judgment is GRANTED. The Court signs and adopts the proposed judgment filed on December 1, 2022, as Exhibit 2 and vacates the OSC Re: Dismissal. 

BACKGROUND

This is an employment action brought pursuant to the Private Attorneys General Act (PAGA). Plaintiff Diana Miranda worked for Defendant Kittrich Corporation as an hourly non-exempt employee. On June 30, 2020, Plaintiff filed a class action complaint against Defendant and Does 1-100, alleging (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) failure to pay overtime wages at the legal overtime pay rate; (4) failure to provide meal periods or compensation of lieu of; (5) failure to provide paid rest periods; (6) failure to timely furnish accurate itemized wage statements; (7) violations of Labor Code section 203; and (8) unfair business practices.

On November 9, 2020, Plaintiff filed a First Amended Class Action Complaint (FACAC) against same defendants adding an additional ninth cause of action for penalties pursuant to Labor Code section 2698 et seq.

On December 15, 2020, Plaintiff filed a Second Amended Complaint (SAC) pursuant to PAGA against the same defendants alleging (1) failure to pay overtime wages, minimum wages, and overtime wages at the legal overtime pay rate; (2) failure to provide meal periods; (3) failure to authorize and permit paid rest periods; (4) derivative failure to timely furnish accurate itemized wage statements; (5) derivative violations of Labor Code section 203; and (6) penalties.

On March 29, 2022, Plaintiff filed a notice of conditional settlement. On August 22, the court granted Plaintiff’s motion for PAGA settlement approval.

At a non-appearance case review on November 30, 2022, the court set an OSC Re: Dismissal for January 31, 2023. On December 1, 2022, Plaintiff filed a response to the court’s OSC. On January 11, 2023, Plaintiff filed an ex parte application for this court to enter judgment. On January 12, the court denied Plaintiff’s application and set a noticed hearing for January 31.

ANALYSIS

Plaintiff moves the court to enter judgment pursuant to the PAGA settlement agreement. On August 30, 2022, following the court’s approval of the PAGA settlement agreement, Plaintiff filed an “AMENDED [PROPOSED] ORDER AND JUDGMENT FOR APPROVAL OF SETTLEMENT UNDER PRIVATE ATTORNEYS GENERAL ACT (PAGA).”

On December 1, 2022, Plaintiff filed a response to the court’s OSC Re: Dismissal and included an updated proposed judgment as Exhibit 2.

Accordingly, the court GRANTS Plaintiff’s application, signs and adopts the proposed judgment in Exhibit 2, and vacates the OSC Re: Dismissal.