Judge: Stuart M. Rice, Case: 23STCV18974, Date: 2025-05-05 Tentative Ruling

Case Number: 23STCV18974    Hearing Date: May 5, 2025    Dept: 1

Preliminary Approval of Class Action Settlement

Department SSC-1

Hon. Stuart M. Rice

Aziel Joey Gomez Perez vs Qantas Airways Limited

Case Number: 23STCV18974

Hearing: May 5, 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 5, 2025 remains on calendar and every effort should be made to supplement your filing as necessary to address each of the 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.

· See Settlement Agreement ¶6.1.2, “In the event the First Amended Complaint must be filed as a Refiled Action as provided under Section 6.1.1, the Parties agree that for purposes of this Settlement: (a) the complaint in the Refiled Action, including the PAGA Claim, shall relate back to the filing of the Original Complaint in the Los Angeles County Superior Court on August 9, 2023, and shall be treated as originally filed on August 9, 2023, and (ii) because the Refiled Action shall be treated as having been filed prior to June 19, 2024, the amendments to PAGA enacted by SB92 and AB2288 shall not apply to Plaintiff’s PAGA Claim.”

o Plaintiff gave written notice to Defendant and the LWDA of his PAGA claims by sending the PAGA Notice on October 8, 2024. The Court understands the motivation to seek to treat the PAGA claim as relating back to the filing of the Original Complaint. However, is there authority to support such a determination and thus avoid the legal requirements set forth in the amendments to PAGA enacted by SB92 and AB2288?