Judge: William D. Claster, Case: 20-01195342, Date: 2022-08-19 Tentative Ruling

Motion for Preliminary Approval of Class Action and PAGA Settlement  ROA # 81

Plaintiff’s motion for preliminary approval of class action settlement is CONTINUED to October 7, 2022 at 9:00 a.m. in Department CX104 to permit the parties to respond to the following items of concern.  Any supplemental briefing shall be filed on or before September 28, 2022.  If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well.  In addition, Plaintiff must provide proof of service of any revised settlement agreement and supporting papers on the LWDA.

As to the Settlement:

1.            Are employees of Inmar, Inc. (as opposed to Inmar Supply Chain Solutions, LLC) meant to be covered by this settlement?  They are part of the class as pled in the operative complaint.  If they are not covered by this settlement, what remedies are available to them?  The statute of limitations has already run on the claims of pre-August 2018 class members.

2.            Plaintiff has a separate individual case pending in Los Angeles.  Please describe the nature of the claims alleged therein and the procedural status of the case.  Does Plaintiff’s individual case affect his suitability to serve as a class representative?

3.            If Plaintiff’s individual case has settled, please provide a copy of the settlement agreement.  Any individual settlement will affect the Court’s fairness analysis.  (Any such agreement may be lodged under seal if it is confidential.)

4.            At final approval, please submit contemporaneously made billing records for attorney’s fees and costs.  The Court will not be inclined to award an amount of fees and costs greater than the amount stated in the notice.

5.            At final approval, please submit billing records for administrative costs.  The Court will not be inclined to award administrative costs in an amount greater than the amount stated in the notice.

6.            At final approval, Plaintiff is to provide declarations addressing the enhancement factors set forth in Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251 and Clark v. Am. Residential Servs. LLC (2009) 175 Cal.App.4th 785, including the amount of time and effort spent on the litigation. 

7.            At final approval, the administrator is to provide a high, low, and average for individual settlement payments, along with plaintiff’s individual payout.

As to the Notice:

1.            Please include remote appearance instructions for the final approval hearing.

2.            Does notice need to be given in any languages other than English and Spanish?

3.            If any changes are made to the settlement agreement, please make corresponding changes to the notice.

4.            The font size in the actual notice may not be smaller than the font size in the proposed notice provided to the Court.