DEBRA SCHIPANI VS. APFS, LLC D/B/A ADDISON PROFESSIONAL FINANCIAL

Set for Law and Motion/Discovery Calendar on Wednesday January 21, 2026, Line 8. Debra Schipani's unopposed Motion to Dismiss is DENIED WITHOUT PREJUDICE.

Plaintiff appears to move under Code of Civil Procedure section 581. Plaintiff, however, fails to establish grounds for a court order dismissing claims without prejudice under section 581. The court is unaware of any. Plaintiff seems to begrudge the need for a court order to dismiss her representative PAGA claims.

When Plaintiff filed a representative PAGA action she stepped into the shoes of a public prosecutor and initiated an action different from an individual lawsuit regarding individual claims. Initiation of such an action comes with benefits and burdens. It is apparent there was some kind of settlement between Plaintiff and Defendant in which "Plaintiff received a modest sum," and this motion followed. "The superior court shall review and approve any settlement of any civil action filed pursuant to this part." (Lab. Code, section 2699(s)(2).)

Here, Plaintiff, who accepted the role of public prosecutor for purposes of the representative claim(s), must (at the very least) submit the settlement agreement, explain why the settlement should not be construed as consideration for dismissing the representative claims, and explain how dismissal of the representative claims is appropriate, not contrary to law and in the public interest. Section 2699(s)(2) establishes another precondition to judicial approval of a PAGA settlement: "The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court."

This request for dismissal of the representative claim(s) is based on settlement of Plaintiff's individual claim. Plaintiff here has not demonstrated that he submitted his papers to the LWDA. It is unlikely the court will approve dismissal of the representative claims on a subsequent motion absent notice, and proof thereof, to the LWDA. Notice should be provided consistent with Code of Civil Procedure 1005(b).

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