Judge: Stuart M. Rice, Case: 23STCV07658, Date: 2025-05-09 Tentative Ruling

Case Number: 23STCV07658    Hearing Date: May 9, 2025    Dept: 1

Ivan Chavez vs Holiday Tree Farms, Inc.

Case Number: 23STCV07658

Hearing: May 9, 2025

TENTATIVE RULING

In reviewing your motion
for preliminary approval of class action settlement, the Court orders further
briefing on the items checked below. The hearing set for May 9, 2025 remains on
calendar and every effort should be made to supplement your filing as necessary
to address each of the referenced items.

·       
Counsel
should note that the court is not inclined to award greater than 33 1/3% in
attorney’s fees absent substantial justification.

·       
See
Settlement Agreement ¶2.8.1: “For the avoidance of all doubt, after the
material terms of this Agreement were reached Plaintiff asserted and agreed to
release, for valuable consideration, individual claims Plaintiff asserted
against Defendant relating to alleged discrimination, harassment, and
retaliation.  The Parties’ agreement to
resolve and release such claims will be disclosed to the Court as part of the
approval process for this Agreement.  The
Parties’ negotiating Plaintiff’s individual discrimination, harassment, and
retaliation-based claims did not impact or otherwise alter negotiating the
terms of this Agreement or this Agreement itself.”

o   The Parties’ agreement to resolve
and release such claims has not yet been disclosed to the Court as part of the
approval process for this Agreement, other than by reference in this single
paragraph tucked away in the Settlement Agreement. Provide a copy of plaintiff’s
individual release for the Court to review. Plaintiff’s individual settlement
should be disclosed to class members in the Notice. Is the individual
settlement conditioned on the class action settlement? Note that the Court will
ask the parties to revise Plaintiffs’ individual settlement agreement if any
clawback clauses or similar such provisions are found conditioning the
individual settlement on Final Approval of the class action settlement.
The individual agreement should not
be contingent on the final resolution of the class action matter.

·       
See Settlement Agreement ¶5.1.  The class release should be limited to
the claims alleged in or arising out of facts asserted in the operative
complaint only, and not the PAGA Notice. 
Furthermore, Class Members should not be releasing civil penalties under
PAGA within this section. Remove the reference to all “penalties” and “all
claims for statutory penalties under PAGA alleged in and/or arising out of the
facts alleged in the PAGA Complaint and/or Plaintiff’s April 7, 2023 PAGA
Notice arising during the PAGA Period.”

·       
An amended proposed order should 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.