Judge: William D. Claster, Case: 21-01211083, Date: 2022-10-14 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 November 18, 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 November 8, 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.
- There is no declaration on file
regarding Defendants’ finances. It appears Defendants attempted to file
one under seal, but the clerk rejected it for lack of an order
permitting sealing. For clarity’s sake, the Court expressly orders that
Defendants are permitted to file the declaration temporarily under
seal. If they wish to permanently seal it, Defendants may file a motion
to that effect. The Court needs this declaration in order to evaluate
the fairness of the settlement.
- It appears the description of the
release in the notice is broader than the release in the agreement,
which is limited to Labor Code violations that were alleged, or could
have been alleged based on the facts pleaded in, the FAC. Specifically,
the notice mentions Labor Code sections 6306 and 6400 et seq., neither
of which is mentioned in the FAC. Please revise the notice accordingly.
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