Judge: William D. Claster, Case: 21-01211083, Date: 2022-09-02 Tentative Ruling

Plaintiff Maria Guevara Sandoval's Notice of Motion and Motion for Approval of PAGA Settlement, and Approval of Attorneys' Fees and Costs  ROA 87

Plaintiff’s motion for approval of PAGA settlement is CONTINUED to October 14, 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 October 4, 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, whether individual, class, or PAGA, pending or in the pre-filing LWDA stage, that could be affected by approval of this settlement?

2.            The agreement defines the aggrieved employees as all employees who received a wage statement during the PAGA period.  Does this include salaried employees, who are exempt from the minimum wage laws that drive counsel’s valuation of the case?

3.            Did counsel review time and pay records for any employees other than Plaintiff?  If so, how large a sample of the relevant records did counsel review?

4.            Defendants’ finances are a principal reason for the settlement value.  The Court therefore requires a declaration from Defendants explaining the current state of their finances.  This must come in the form of a declaration from Defendants, not their counsel.  The declaration needs to contain sufficient information to substantiate the claims about Defendants’ finances made in the moving papers.  Defendants may temporarily lodge the declaration under seal and follow the procedures of CRC 2.550 et seq. if they wish the declaration to remain permanently sealed.

5.            It appears a draft notice is supposed to be attached to the settlement agreement, but there is no draft notice on file with the Court.  Please provide one for the Court’s review.  In addition, should notice be given in any languages other than English and Spanish?