Plaintiff Michael Rocha's Motion for Preliminary Approval of Class Action Settlement The Court has reviewed the supplemental briefing filed in response to the December 4, 2020 minute order. The motion for preliminary approval of class action settlement is GRANTED. The Court also approves the current versions of the class notice, opt-out form and dispute form. Plaintiffs are ordered to file and serve the proposed SAC.
The Court remains concerned by a classwide release of claims under Labor Code § 204 when Plaintiff’s counsel takes the position that no standalone claim for a § 204 violation exists in the first place. (See ROA 310, at p. 12 [arguing that § 204 “does not have a separate remedy apart from penalties under the Private Attorneys General Act (PAGA)”].) In the Court’s experience, attorneys do not usually bring claims they believe do not exist.
Because the Court believes the settlement is otherwise a fair result for the class, and because Defendants object to removing § 204 from
Hearing Date
January 22, 2021
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Plaintiff Michael Rocha's Motion for Preliminary Approval of Class Action Settlement The Court has reviewed the supplemental briefing filed in response to the December 4, 2020 minute order. The motion for preliminary approval of class action settlement is GRANTED. The Court also approves the current versions of the class notice, opt-out form and dispute form. Plaintiffs are ordered to file and serve the proposed SAC.
The Court remains concerned by a classwide release of claims under Labor Code § 204 when Plaintiff’s counsel takes the position that no standalone claim for a § 204 violation exists in the first place. (See ROA 310, at p. 12 [arguing that § 204 “does not have a separate remedy apart from penalties under the Private Attorneys General Act (PAGA)”].) In the Court’s experience, attorneys do not usually bring claims they believe do not exist.
Because the Court believes the settlement is otherwise a fair result for the class, and because Defendants object to removing § 204 from