Motion: By Plaintiff Torosian for Approval of Settlement Under PAGA
Tentative Ruling:
To deny the plaintiff’s motion for approval of the settlement under PAGA, without prejudice, for failure to show that the LWDA has been served with notice of the settlement agreement and motion to approve the settlement. (Labor Code section 2699, subd. (l)(2).) If plaintiff provides evidence at the hearing that the LWDA has been served with the settlement agreement and motion for approval, then the court intends to approve the settlement.
Explanation:
1. Introduction
Under Labor Code section 2699, subdivision (a), the Private Attorneys General Act of 2004 (“PAGA”), “Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a c