This Tentative Ruling is made by Judge Patrick R. McKinney II On the unopposed motion of plaintiff Jannet Diaz, an individual on behalf of herself, all aggrieved employees, and the State of California as a Private Attorney General ("Plaintiff") for approval of representative action settlement, the court orders as follows:
The motion is GRANTED.
PAGA actions are in the nature of a qui tam proceeding in that plaintiffs seek civil penalties that would otherwise be recoverable by the Labor and Workforce Development Agency (LWDA). (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 382.) Plaintiff cannot bring "individual" claims under PAGA; they may only bring the action on behalf of themselves and all other aggrieved employees to vindicate the LWDA's interest in enforcement of the Labor Code. (Labor Code § 2699(c) & (g)(1); Williams v. Superior Court (2015) 237 Cal.App.4th 642, 649.) Any monetary penalties assessed against the defendant are split between the LWD
Hearing Date
September 17, 2021
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This Tentative Ruling is made by Judge Patrick R. McKinney II On the unopposed motion of plaintiff Jannet Diaz, an individual on behalf of herself, all aggrieved employees, and the State of California as a Private Attorney General ("Plaintiff") for approval of representative action settlement, the court orders as follows:
The motion is GRANTED.
PAGA actions are in the nature of a qui tam proceeding in that plaintiffs seek civil penalties that would otherwise be recoverable by the Labor and Workforce Development Agency (LWDA). (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 382.) Plaintiff cannot bring "individual" claims under PAGA; they may only bring the action on behalf of themselves and all other aggrieved employees to vindicate the LWDA's interest in enforcement of the Labor Code. (Labor Code § 2699(c) & (g)(1); Williams v. Superior Court (2015) 237 Cal.App.4th 642, 649.) Any monetary penalties assessed against the defendant are split between the LWD