Judge: William D. Claster, Case: 21-01207008, Date: 2022-12-02 Tentative Ruling

Plaintiff Eva Jardon's Notice of Motion and Motion for Order Approving Settlement Under California Labor Code Section 2699 Et Seq   ROA 81

Plaintiff’s motion for approval of PAGA settlement is CONTINUED to January 20, 2023 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 January 11, 2023.  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, whether individual, class, or PAGA, pending or in the pre-filing LWDA stage, that could be affected by approval of this settlement?

2.            Who signed the agreement on behalf of Defendants?  What is their authority to do so?

3.            Please provide a bid from the settlement administrator.

4.            Counsel mentions a 20% sampling of payroll data.  Did Defendants also produce a sample of time data?

5.            How did counsel investigate the claims that can’t be proven from records (e.g., rest breaks, off-the-clock work)?

6.            The notice refers to a release of PAGA claims based on Labor Code § 204 and failure to pay wages timely during employment.  It appears these violations are not pled in the FAC.

7.            The notice says uncashed checks will be redirected to the Controller in the employee’s name, but the agreement says uncashed checks will be canceled, with the funds sent to the LWDA.

8.            Should notice be given in any languages other than English?