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S-CV-0054972·placer·Civil·Attorney Fees
Hearing in about 1 hourCONTINUED

Dunk N’ Run Donuts v. Toyota Motor Sales

Motion for attorneys’ fees

Hearing date
Sep 1, 2026
Department
32
Prevailing
N/A
Next hearing
Sep 8, 2026

Motion type

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Parties

PlaintiffDunk N’ Run Donuts
DefendantToyota Motor Sales

Ruling

record owner(s) pursuant to Section 1255.410, subdivision (b). Plaintiff has deposited in the State Treasury an amount that satisfies the requirements of Code of Civil Procedure sections 1255.010 – 1255.080. The court incorporates by reference the findings outlined in the proposed order for possession of parcels 38575-1, 2, 3, and 4, lodged with the court on April 10, 2026.

8. S-CV-0054972 Dunk N' Run Donuts v. Toyota Motor Sales

The motion for attorneys’ fees is continued to be heard on September 8, 2026 at 8:30 a.m. in Department 32. The court apologizes to the parties for any inconvenience.

9. S-CV-0055963 Routon, Mariha R v. Lyon dba Taco Bell

Plaintiff is advised the notice of motion must include notice of the court’s tentative ruling procedures. (Local Rule 20.2.3(C).)

Motion for Approval of PAGA Settlement

Plaintiff moves for approval of the parties’ PAGA settlement. The court observes several issues that plaintiff should address prior to the court reaching the substance of the motion.

First, the memorandum of points and authorities refer to a declaration of Lisa Mullins (p. 14:25); however, no declaration of Lisa Mullins was filed together with plaintiff’s moving papers. Without this information, there is insufficient information from the settlement administrator for the court to approve the settlement. The court observes, however, on March 6, 2026 plaintiff filed a declaration of Lisa Mullins. Plaintiff should either file the declaration plaintiff referred to in its moving papers or specify that the March 6, 2026 is the declaration plaintiff is referring to.

Second, the amount of litigation costs included in plaintiff’s memorandum of points and authorities ($5,674.59) differs from the amount counsel declares in his declaration ($5,747.96). Plaintiff does not acknowledge the discrepancy or provide any explanation. Plaintiff should clarify the correct amount of litigations costs being sought and if the amount being sought changes the total net PAGA penalties listed in the memorandum of points and authorities on page 4, line 25, plaintiff should provide an updated calculation.

Third, plaintiff’s counsel declares plaintiff submitted its PAGA notice letter to the LWDA on May 29, 2025 but does not provide a copy of that PAGA notice letter either as part of this motion or as an exhibit to the complaint. Plaintiff shall submit a copy of the PAGA notice letter.

Finally, plaintiff’s counsel declares he was contemporaneously filing his declaration and settlement to the LWDA’s online portal. However, no evidence is provided that plaintiff’s counsel actually did so. Plaintiff shall submit updated proof showing that the settlement has been submitted to the LWDA so the court can confirm plaintiff’s compliance with Labor Code section 2699(s)(2).

9

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