Judge: Thomas D. Long, Case: 21STCV11093, Date: 2023-02-23 Tentative Ruling

Case Number: 21STCV11093    Hearing Date: February 23, 2023    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

SERGIO PALICIO,

                        Plaintiff,

            vs.

 

POLLY'S INC., et al.,

 

                        Defendants.

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      CASE NO.: 21STCV11093

 

[TENTATIVE] ORDER DENYING MOTION FOR APPROVAL OF PAGA SETTLEMENT

 

Dept. 48

8:30 a.m.

February 23, 2023

 

On March 19, 2021, Plaintiff Sergio Palicio filed this action against Defendants Polly’s Inc., Polly’s Pies Inc., Polly’s Gourmet Coffee Inc., and Kentucky Fried Chicken of Polly’s Inc. for penalties under the Private Attorney General Act (“PAGA”).

On November 23, 2022, Plaintiff filed a motion for approval of PAGA settlement.  A court must review and approve any penalties sought as part of a proposed settlement agreement pursuant to Labor Code section 2699.  (Lab. Code, § 2699, subd. (l).)

The settlement agreement resolves both this case and Heather Scott v. Polly’s Inc., et al., Case No. 21STCV09769, filed on March 11, 2021.  (See Motion at p. 1; Connolly Decl., Ex. 1.)  No notice of related case has been filed in either action.  The motion for approval of PAGA settlement was not also filed in Case No. 21STCV09769.  Although the two cases are both assigned to Department 48, the Court in this case cannot approve the PAGA settlement of another case.  And because the settlement is a collective settlement of both cases, the Court cannot sever any provisions for PAGA approval in only this case.

The Motion for Final Approval of Settlement (PAGA) is DENIED WITHOUT PREJUDICE.

Defendants are ordered to immediately file a Notice of Related Case in this action and in Case No. 21STCV09769.

If the parties seek approval of a joint PAGA settlement, the motion must be filed and heard together in both cases.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

         Dated this 23rd day of February 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court