Judge: William D. Claster, Case: JCCP5214, Date: 2022-09-02 Tentative Ruling

Plaintiffs Jose Abarca, Fabiola Abarca, Joe Ortiz, Anthony De La Torre, Vargas Diaz, Rosa Valadez, Robert Hernandez, Damian Meza, and Cristopher Trujillo's Notice of Motion and Motion for an Order: (1) Preliminarily Approving Class Action and PAGA Settlement; (2) Conditionally Certifying a Settlement Class: (3) Directing Distribution of Notice of Settlement; and (4) Setting a Hearing for Final Approval of the Settlement ROA 55

The Court has reviewed the supplemental filings in response to the July 26, 2022 minute order.  The Court is inclined to GRANT preliminary approval of the class action settlement, provided the parties adequately address the following matters at the hearing.

1. The Court understands that counsel in this matter are conferring with counsel in the related Munoz case about their participation in this settlement, and that plaintiff’s counsel in Munoz intends to recommend their client sign on to the settlement after a fee-sharing arrangement has been negotiated with counsel in this matter.  Plaintiffs here ask that the Court grant preliminary approval of this settlement, then add the plaintiff in Munoz by stipulation later (but before notice is mailed to the class).

2. Do the parties contemplate the plaintiff in Munoz serving as a representative plaintiff in this case?  If so, any stipulation to add the plaintiff in Munoz must be accompanied by a declaration setting forth his or her qualifications to serve as class representative (typicality, adequacy, etc.) and any connections he or she has to the chosen cy pres.  If the plaintiff in Munoz is to receive an incentive payment, he or she must submit a supporting declaration at final approval per point 17 of the July 26 minute order.

3. Do the parties contemplate counsel in Munoz serving as class counsel here?  If so, any stipulation must be accompanied by a declaration setting forth counsel’s qualifications to serve as class counsel, as well as any connections to the chosen cy pres.  Alternatively, if counsel will not serve as class counsel, but will only be paid from a fee-sharing arrangement, they must submit contemporaneously made billing records at final approval per point 15 of the Court’s July 26 minute order.

4. From sections 5.1 and 5.2 of the amended settlement agreement, the Court understands notice will be mailed within 25 days of preliminary approval.  In this case, that would be September 27, 2022 (assuming the motion is granted today).  If the parties haven’t stipulated to add the plaintiff in Munoz by that time, what are the next steps?

Assuming the foregoing is adequately addressed, the Court will grant the motion for preliminary approval as to the current version of the parties’ settlement agreement and approve the current version of the class notice.

If preliminary approval is granted, the motion for final approval shall be heard on March 17, 2022 at 9:00 a.m. in Department CX104.  Moving papers will be due 16 court days before the hearing.

Please submit a revised proposed order that conforms to the foregoing, includes the date of the final approval hearing, and updates all dates that are calculated in reference to the date preliminary approval is granted.