Plaintiff’s Motion for Approval of PAGA Settlement
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Taylor Snow v. 555 Ocean View Blvd. LLC, et al.
Plaintiff’s Motion for Approval of PAGA Settlement
Hearing Date: June 4, 2026 (continued from May 22, 2026)
On May 21, 2026, this Court issued its Tentative Ruling ordering the parties to appear at the May 22 hearing on the motion of Plaintiff Taylor Snow (“Plaintiff”) for approval of the settlement agreement (“Agreement”) for the civil penalties claim she filed against Defendants1 under the Private Attorneys General Act of 2004, Labor Code section 2698, et seq. (“PAGA”). After considering counsel’s responses at the May 22nd hearing and Plaintiff’s supplemental papers filed on June 1, 2026, in response to each question asked and issue raised in the prior Tentative Ruling, the motion is GRANTED subject to the following:
1. Pro Rata Distribution of Interest.
Whether at tomorrow’s hearing2 or through a second set of supplemental papers filed concurrently with the Amended Proposed Order and Judgment (see below), Plaintiff shall demonstrate to the Court that the First Amended Notice of PAGA Settlement (“Amended Notice”) has been further amended to state that interest will be distributed pro rata to the Labor and Workforce Development Agency and the Aggrieved Employees with the final distribution (i.e., after the 36th payment). [Supp. Mtn. at 4:1-5.] No such language appears in the Amended Notice. [See Amended Notice, Exh. 19 to Supp. Spivak Decl., passim.]
2. Amended Proposed Order and Judgment.
The Proposed Order and Judgment that Plaintiff submitted to the Court on April 22, 2026, states that the “Gross Settlement Amount” includes “litigation costs in the amount of $31,000.00.” [Proposed Order and Judgment at ¶ 2 (3:7-9).] However, in her moving papers, Plaintiff states that her counsel expects that “litigation costs will total approximately $28,186.10 through final accounting of Settlement.” [Motion at 32:14-15; Spivak Decl., filed 4/22/26, at ¶ 36; Haines Decl., filed 4/22/26, at ¶ 11.] Therefore, consistent with her motion, Plaintiff shall submit an Amended Proposed Order and Judgment reflecting litigation costs of $28,186.10.
1 “Defendants” collectively refer to Defendants 555 Ocean View Blvd. LLC (d/b/a Seven Gables Inn), Kirkwood Collection, Inc., and Kirkwood Collection Holdings LLC. 2 For this option, one of the parties must notify the Court that they wish to attend tomorrow’s hearing. [See “Note Re: Tentative Ruling,” infra.] 1
3. Yearly Hearings to Monitor Distribution of the Individual PAGA Payments.
The Agreement allows Defendants to make monthly payments of $5,000 for 36 months until the total Gross Settlement Amount of $180,000 is paid. [Agreement, Exh. 1 to Spivak Decl., filed 4/22/26, at ¶ 4.3.] Additionally, “[w]ithin 14 days after Defendants fund the 12th, 24th, and 36th installment payments toward the Gross Settlement Amount, the Administrator will mail checks for pro rata shares of all Individual PAGA Payments...” [Id. at ¶ 4.4.]
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The Court intends to schedule hearings after each distribution of the Individual PAGA Payments to ensure they are proceeding as planned. Therefore, a Proof of Distribution Hearing will be held on July 27, 2027, July 25, 2028, and July 24, 2029, at 10:00 a.m. in Department 14. The Settlement Administrator shall submit a declaration that provides sufficient information about the distribution of the Individual PAGA Payments at least five court days prior to each hearing. If, upon reviewing the Settlement Administrator’s declaration, the Court determines a hearing is unnecessary, it will notify the parties that appearances are not required, and the hearing will be vacated. Otherwise, all parties must attend each hearing.
**** Plaintiff shall submit an Amended Proposed Order and Judgment consistent with this Tentative Ruling.
NOTE RE TENTATIVE RULING
This tentative ruling becomes the court’s order, and no hearing shall be held unless one of the parties contests it by following Rule 3.1308 of the California Rules of Court and Monterey County Local Rule 7.9. Those parties wishing to present an oral argument must notify all other parties and the Court no later than 4:00 p.m. on the court day before the hearing; otherwise, NO ORAL ARGUMENT WILL BE PERMITTED, AND THE TENTATIVE RULING WILL BECOME THE ORDER OF THE COURT AND THE HEARING VACATED. You must notify the court by email or by calling the Calendar Department at 831-647-5800, extension 3040, before 4:00 p.m. on the court day before the hearing.
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