Plaintiff’s Unopposed Motion for Preliminary Approval of Class Settlement
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LAW & MOTION CALENDAR TENTATIVE RULINGS
July 10, 2026
9:00 AM
CX-101
JUDGE WILLIAM D. CLASTER
Department CX101 Phone Number: (657) 622-5301
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# CASE NAME MATTER 1 Silvestri vs. Upward Projects Holdings, LLC
2024-01380452
Plaintiff’s Unopposed Motion for Approval of Class Settlement Plaintiff’s motion for preliminary approval of class action settlement is CONTINUED to September 4, 2026 at 9:00 a.m. in Department CX101 to permit the parties to respond to the following items of concern. Any supplemental briefing shall be filed on or before August 24, 2026. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well.
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As to the Settlement:
1. Please provide copies of all pre-filing letters, both original and amended, that Plaintiff sent to the LWDA.
2. The class and PAGA periods end on “December 31, 2024, or, at the option of Defendant, any later date on or before the date the court grants preliminary approval of the Settlement, subject to the escalator provision in Paragraph 50 below.” This appears to give Defendant the option to set a longer class period if it wants. Is this
really what the parties intended? How is this permissible? How can the parties value claims for a unknown period looking forward?
3. Please provide 60 days, rather than 45, for opt-outs, objections and workweek disputes.
4. Counsel states that many class members signed arbitration agreements with class waivers. Did Plaintiff sign one?
5. Plaintiff worked as a server. Is he typical of back-ofhouse workers? In this regard, the off-the-clock work claims are based on time spent splitting tips while clocked out.
6. What documents and data did Defendant turn over prior to mediation? There are fleeting references to record samples and policies in counsel’s declaration.
7. Did counsel interview anyone other than Plaintiff to value non-record claims?
8. Was an expert retained to assist in valuation? If so, please provide a CV.
9. Counsel states that the possibility of a Pick Up Stix campaign figured into his valuation of the case. Was a Pick Up Stix campaign in fact threatened by Defendant?
10. Did Defendant indeed require employees to be clocked out while splitting tips, either as a formal written policy or as an oral directive from management?
11. Did Defendant turn over sample meal break waivers? In counsel’s opinion, were the waivers compliant with applicable law and regulation?
12. Counsel’s claim valuation appears to omit the following claims: biweekly pay, vested vacation pay, reimbursement, wage statements, and UCL. The Court will not approve the release of any claims that aren’t separately valued.
13. Does the UCL claim have any independent value, or does it simply extend the limitations period?
14. Please provide qualifications for proposed class counsel Zack Domb.
15. At final approval, please submit contemporaneously made billing records for attorney’s fees and costs. The Court will not be inclined to award an amount of fees and costs greater than the amount stated in the notice.
16. At final approval, please submit billing records for administrative costs. The Court will not be inclined to award administrative costs in an amount greater than the amount stated in the notice.
17. At final approval, Plaintiff is to provide a declaration addressing the enhancement factors set forth in Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251 and Clark v. Am. Residential Servs. LLC (2009) 175 Cal.App.4th 785, including the amount of time and effort spent on the litigation.
18. At final approval, the administrator is to provide a high, low, and average for individual settlement payments, along with Plaintiff’s individual payout.
As to the Notice:
1. The notice appears to be missing from the moving papers. Please provide one for the Court’s review.
2. Please include opt-out and workweek dispute forms with the notice (but not an objection form).
3. Does notice need to be given in any languages other than English and Spanish?
4. If any changes are made to the settlement agreement, please make corresponding changes to the notice.
5. The font size in the actual notice may not be smaller than the font size in the proposed notice provided to the Court.