Judge: William D. Claster, Case: 21-01195342, Date: 2022-08-19 Tentative Ruling

Plaintiff Leticia Sanchez's Motion for Order Approving Settlement Under California Labor Code Section 2699 Et Seq    ROA # 60

Plaintiff’s motion for approval of PAGA 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 proposed notice is submitted, a redline version 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 supplemental papers on the LWDA.

  1. Are there any other matters—individual, class, or PAGA (whether pending in court or in the pre-filing LWDA stage)—that may be affected by this settlement?

 

  1. Please provide a copy of the administrator’s bid.

 

  1. Counsel values the waiting time violation at approximately $268,000, based on 30 days’ worth of wages at $14/hour for 80 employees.  As the Court understands waiting time penalties, employees have a substantive right to collect them, unlike PAGA penalties, which belong to the State.  Is this settlement meant to extinguish any claims employees might bring in their own names for waiting time penalties?

 

  1. It appears no draft notice was filed with the moving papers.  Please provide a draft notice for the Court’s review.  In addition, should notice be given in any languages other than English?