Judge: Stuart M. Rice, Case: 22STCV41096, Date: 2025-05-07 Tentative Ruling

Case Number: 22STCV41096    Hearing Date: May 7, 2025    Dept: 1

Preliminary Approval of Class Action Settlement

Department SSC-1

Hon. Stuart M. Rice

Edgar Marcelo Castillo Santiago v. Famarock, Inc.

Case No.: 22STCV41096

Hearing: May 7, 2025

TENTATIVE RULING

GRANT preliminary approval contingent on the parties addressing the following:

1. The escalator clause at Settlement Agreement ¶8.1 provides Defendant with the alternate option to end the Class Period and PAGA Period on the date when the number of Workweeks worked reaches 67,344. The parties must resolve any uncertainty regarding the Class Period end date prior to preliminary approval being granted. Based on current records, the parties and/or administrator must review and verify the workweek total and confirm the end date of the Class/PAGA Period, and remove the period-shortening language from the escalator clause. If needed, revise the Class and PAGA Period definitions and ensure that the notice is modified to match.

2. Plaintiff’s service payment should not exceed $7,500, absent unusual circumstances. See Settlement Agreement ¶3.2.1. Please revise the agreement and notice form accordingly.

3. An amended proposed order should also be submitted to include a table or paragraph supplementing Paragraph 7 to reflect the estimated net settlement amount (NSA) available for distribution to the class.