Notice Of Motion For Preliminary Approval Of Class Action And Paga Settlement
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Set for Law and Motion/Discovery Calendar on Tuesday, February 17, 2026, Line 3. Plaintiff Jesus Garcia's Motion For Preliminary Approval Of Class Action And PAGA Settlement is GRANTED IN PART AND DENIED IN PART.
The court: (1) preliminarily approves the proposed settlement of this class action with Defendant The Beach Chalet, L.P. ("Defendant"); (2) preliminarily approves the settlement as fair, adequate and reasonable; (3) preliminarily approves the gross settlement amount of $400,000.00; (4) for settlement purposes only, conditionally certifies the Class as "All current and former non-exempt employees who worked for Defendant in California ("Class") during the period from June 9, 2018, to February 2, 2025 ("Class Period"); (5) provisionally appoints Plaintiff as the representatives of the Class; (6) provisionally approves proposed service award of $10,000 (7) provisionally appoints Jean-Claude Lapuyade, JCL Law Firm, APC, Shani Zackay and Zackay Law Group, APLC, as Class Counsel; (8) provisionally approves an award of attorney's fees from the gross settlement amount to Class Counsel of $133,333.33 and expenses up to $30,000; (9) approves the form and method of notice, including notice being provided in English and Spanish; (10) directs that notice of the proposed settlement be given to the class; (11) appoints Atticus Class Action Administration as Settlement Administrator; (12) approves the proposed opt-out (so-called exclusion) procedure; and (13) sets a final approval hearing date for October 27, 2026, at 9:00 am in this department, for which Plaintiff shall file and serve a timely (under the Code of Civil Procedure) noticed motion for final approval of settlement, with courtesy copy delivered to the department within 24 hours of filing; any opposition to such motion may be in writing filed with the court at least nine court days before the hearing or provided orally at the hearing.
To the extent Plaintiff seeks different or additional relief, his motion is denied. Plaintiff is ordered to prepare a proposed order which repeats verbatim the above text and email it to contestdept302tr@sftc.org prior to the time set for hearing.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
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The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) |