Judge: Stephanie M. Bowick, Case: 20STCV08126, Date: 2024-12-06 Tentative Ruling
DEPARTMENT 19 LAW AND MOTION RULINGS
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Case Number: 20STCV08126 Hearing Date: December 6, 2024 Dept: 19
TENTATIVE RULING
The Court has completed its Non-Appearance Case Review.
Plaintiff’s Application To Seal Declaration And Confidential Settlement Agreement In Support Of Joint Stipulation Requesting Approval Of Representative Action Settlement (the “Application”) is DENIED.
As explained in the Court’s November 7, 2024 Minute Order, Plaintiff failed to file a declaration “containing facts sufficient to justify the sealing” as required by CRC 2.551(b)(2). (November 7, 2024 Minute Order, p. 1.) The Court set a deadline of November 27, 2024 for Plaintiff “to either (1) comply with the requirements for filing the “Confidential Settlement Agreement” under seal by filing a declaration ‘containing facts sufficient to justify the sealing’; or (2) to publicly file the agreement for review by the Court.” (Id.)
Plaintiff failed to file a declaration.
Thus, the Application is DENIED.
Since the proposed settlement agreement lodged with the Court on November 4, 2024 pursuant to the Notice of Lodgment filed October 28, 2024 has not been properly filed under seal (or publicly filed), the Court cannot rule on any request to approve the settlement. However, the Court notes that, for actions brought before June 19, 2024, seventy-five percent (75%) of all PAGA penalties must be paid to the LWDA and twenty-five percent must be paid to the aggrieved employees. (Lab. Code, § 2699(v) [effective July 1, 2024]; Lab. Code, § 2699(i) [effective June 27, 2016 to June 30, 2024].) Thus, any settlement that does not provide for the administration of PAGA penalties to aggrieved employees may not be approved.
The Order to Show Cause Re: Dismissal (Settlement) remains scheduled for December 19, 2024.
Clerk to give notice.