Tentative Ruling: Motion to Vacate and Enter a Different Judgment

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                                Tentative           Rulings          for    April      29,     2022
                                                                  Department 8-26
                                                                 Judge    David    Cohn


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                       15-16. Flores,     Estremera,     Hansen     v.  Biscomerica       Corp.
                               CIVDS-1930814

                               Motion   for Preliminary Approval        of Class Action     and   PAGA Settlement

                               Tentative    Ruling:


                                Grant and     schedule    hearing for   final approval.


                                Timeliness:


                                Motions for final approval        of class action    settlements    and   motions for approval       of

                                                                 on  statutory time.    But if all  parties  agree   to shortened
                       PAGA settlements         must be filed
                                                                 approval,   there   is no  reason   not to grant the     request if
                       time for a   motion for preliminaly
                                      given   sufficient time to    analyze the    motion.    The   court  has   had  sufficient
                       the  court  is

                                                          by the   shortened    time,   because the     putative   class  members
                       time.   No  one   is prejudiced
                                                            object or to   seek to    intervene   before the    motion   for  final
                       will have   a full opportunity to
                                                       court.   As for the   PAGA settlement,        it willnot be   ruled  upon
                       approval    is heard   by the
                                                       approval    of the  class settlement,     aggrieved    employees      do  not
                       until the  hearing    on final
                       have   a  property   interest in the   PAGA settlement,        and the    LWDA will     have   an  opportunity

                                                        The   request   to  permit  the  filing on  April 21  for the April   29
                       to object at that hearing.
                       hearing    is therefore granted.


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                        CV526042922
                             The   Motion:


                             The    PAGA group       must   be  redefined.    Itcannot    be all  class members who worked
                     during   the  PAGA period,      because     individuals who     opt out of the    class  (and   therefore   are
                     not class   members) still     participate   in the  PAGA settlement        ifthey worked      during  the
                     PAGA     period.   One    cannot   opt  out  of the  PAGA     settlement.    (See   motion    2210-1  1.)




                              Counsel    should   provide the     court with   the following    information:    (1) the
                     estimated    aggregate     number     of work-weeks      for all class  members;      (2) the  estimated
                     number of aggrieved        employees;      and   (3) the  estimated    aggregate     number    of pay-

                     periods or work-weeks for all         aggrieved    employees      during   the  PAGA period.

                              Subject to   redefinition   of the  PAGA group       and   provision   of the  additional
                     information,    the  motion   is granted.




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                      CVSZ6042922