TENTATIVE RULING
Continue Preliminary Approval for counsel to address the following:
1. Proposed Terms of Settlement Agreement:
a. Scope of the PAGA Release: This release is overbroad. The Court will not release claims on behalf of the LWDA or the State of California. Revise paragraph 38.b accordingly. Note: there are two paragraphs numbered 38.b.
b. Confidentiality: Paragraph 60 is overbroad and improper as it limits the representative’s ability to communicate with the class. Confidentiality is not appropriate in class action settlements.
2. Provide information as to the contents of any agreement about how attorney fees will be paid, including fee splitting and whether the client has given written approval. (Mark v. Spencer (2008) 166 Cal.App.4th 219; Cal. Rule 1.5.1; Cal. Rules of Court, rule 3.769.) Counsel states there is an agreement in place which Plaintiff agreed to but does not provide information as to the split.
3. If the Settlement Agreement is modified pursuant to thi
Hearing Date
January 23, 2020
Type
Other Employment Complaint Case (General Jurisdiction)
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TENTATIVE RULING
Continue Preliminary Approval for counsel to address the following:
1. Proposed Terms of Settlement Agreement:
a. Scope of the PAGA Release: This release is overbroad. The Court will not release claims on behalf of the LWDA or the State of California. Revise paragraph 38.b accordingly. Note: there are two paragraphs numbered 38.b.
b. Confidentiality: Paragraph 60 is overbroad and improper as it limits the representative’s ability to communicate with the class. Confidentiality is not appropriate in class action settlements.
2. Provide information as to the contents of any agreement about how attorney fees will be paid, including fee splitting and whether the client has given written approval. (Mark v. Spencer (2008) 166 Cal.App.4th 219; Cal. Rule 1.5.1; Cal. Rules of Court, rule 3.769.) Counsel states there is an agreement in place which Plaintiff agreed to but does not provide information as to the split.
3. If the Settlement Agreement is modified pursuant to thi