LOS ANGELES SUPERIOR COURT, COMPLEX CIVIL DEPARTMENT

CHECKLIST FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

Department: SSC-1

RE: Lockett v. Oto Development, LLC (Case Number: 22STCV17405)

In reviewing your motion for preliminary approval of class action settlement, the Court orders further briefing on the items checked below.

The additional briefing shall be due, if possible, before the hearing which remains on calendar for October 24, 2024, at 10:30 AM. In reviewing your motion for preliminary approval of class action settlement, the Court orders further briefing on the items checked below. Every effort should be made to supplement your filing as necessary to address each of the checklist items. An amended proposed order should also be submitted to include a table or paragraph setting forth the Gross Settlement Amount (GSA) less all estimated deductions and the estimated Net Settlement Amount (NSA) that will be available for distribution to the class.

This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the case in order that the motion may be promptly ruled upon. The content of the motion should follow the same order as this checklist, as that is how the judge and research attorney review the motion.

You should also consider using the form wage and hour settlement agreements now available on the court’s website at https://www.lacourt.org/forms/all – “Civil Forms” section. With input and unanimous consensus from an Ad Hoc Wage and Hour Committee (chaired by Judge Hogue and Judge Cunningham and comprised of 8 plaintiff’s attorneys and 8 defense attorneys), the court has posted: (1) a form class action settlement agreement, (2) a form class action/PAGA settlement agreement, (3) and a form PAGA settlement agreement. Using these forms should cut down on attorney negotiation time and reduce the lag time between a successful mediation and execution of a long form agreement. Filing a motion that is based on a form agreement and includes a redlined copy identifying modifications will also expedite the court’s review process and help reduce the current backlog on hearings. These forms are encouraged but entirely optional.

(Unchecked Items Omitted)

I. MOVING PAPERS (Motion and Declarations)

All facts submitted for the court to consider must be provided in the form of a declaration or other admissible evidence. The court will not consider facts stated only in the motion.

B. Dunk/Kullar Analysis

[X] Provide further information as to the summary of the investigation and discovery conducted, including the specific documents reviewed prior to agreeing to settle the case. (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1802, as modified Sept. 30, 1996 (Dunk).) If counsel’s analysis was informed by a data sample, show that the sample is statistically reliable.

II. SETTLEMENT AGREEMENT

The settlement agreement should address the following:

A. The Basics

[X] Class definition.

•The Class is defined as “all current and former non-exempt employees who worked for Defendant in California during the Class Period and did not sign arbitration agreements.” (Settlement Agreement, ¶1.5.) Did Plaintiff sign an arbitration agreement? If so, why is Plaintiff a typical and adequate representative without conflict with the class?

B. Release of Claims

[X] Scope: The scope of any release given by class members must be defined with precision and clarity. Any released claims not presented directly in the operative complaint should be based on the facts alleged in the operative complaint. (See Amaro v. Anaheim Arena Mgmt. (2021) 69 Cal. App. 5th 521, 537 and FN. 5; Uribe v. Crown Building Maintenance Co. 70 Cal. App. 5th 986, 1005.)

•The release in paragraph 5.2 should not release any claims alleged in the PAGA notice. Only Aggrieved Employees should release such claims. Revise accordingly.

[X] Counsel represents that “Plaintiff has entered into a separate individual settlement agreement with Defendant to resolve all claims not included within the Class and Representative Action Settlement (“Settlement”).” (Supplemental Declaration of Scott Leviant, ¶4.) Counsel further states, “Plaintiff’s individual settlement agreement will not be effective unless the Court approves this Class and Representative Action Settlement.” (Ibid.) Counsel is to address the following:

•Why does this agreement not cause a conflict between Plaintiff and the class?

•Why is it not a conflict for the individual settlement to be essentially contingent on the class settlement?

•Counsel is to provide a copy of the separate individual settlement agreement for the court to review.

If the Settlement Agreement is modified pursuant to this checklist, please submit both a red-lined copy showing changes made as well as a final version signed by all parties and counsel. Do not submit an addendum in lieu of a full amended settlement agreement including all operative settlement terms.

Modify notice to match any alterations to the Settlement Agreement.

Date: October 22, 2024

Judge Stuart M. Rice

JUDICIAL OFFICER