Judge: Thomas D. Long, Case: 21STCV11093, Date: 2023-04-04 Tentative Ruling

Case Number: 21STCV11093    Hearing Date: April 4, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

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 February 23, 2023, the Court denied Plaintiff’s motion for approval of PAGA settlement because it resolved both this case and the then-unrelated case of Heather Scott v. Polly’s Inc., et al., Case No. 21STCV09769.  The same day, the Court deemed this case and Case No. 21STCV09769 related.

On March 8, 2023, Plaintiff filed a new motion for approval of PAGA settlement.  Plaintiff’s request for judicial notice is denied as irrelevant.

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.)  The motion for approval of PAGA settlement was not also filed in Case No. 21STCV09769.  As stated in the Court’s February 23, 2023 order, although the two cases are now related and 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.

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

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 4th day of April 2023