Woodcreek-Roseville LTD v. Kiara Jones
Motion to Quash
Motion type
Parties
Ruling
Based on the foregoing, the demurrer is overruled. Defendant shall file and serve an answer by September 14, 2026.
4. M-CV-0098802 Woodcreek-Roseville LTD v. Kiara Jones
Motion to Quash
Defendant moves to quash service of summons pursuant to Code of Civil Procedure section 418.10. Plaintiff has not filed any proof of service of summons declaring service of the summons and complaint has been effective. Defendant’s motion is therefore premature and is denied without prejudice.
5. S-CV-0049211 Ferriera, Danielle v. Anderson Merchandisers
If oral argument is requested, it will be heard in Department 32 by the Honorable Trisha J. Hirashima. Department 32 is located at 10820 Justice Center Drive, Roseville, California 95678.
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 Final Approval of the Class Action and PAGA Settlement
The unopposed motion is granted. The court has broad discretion in determining whether a class action settlement is (1) fair and reasonable, (2) the class notice is adequate, and (3) certification of the class is proper. (In re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389.) When reviewing the fairness of the settlement, the court is to give due regard to the parties’ agreement, ensuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7-Eleven Owners for Fair Franchising v.
Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through arms-length bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is experienced in similar litigation; and (4) there is a small percentage of objectors. (Ibid.)
Further, the court reviews the moving papers along with the entirety of the court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA-related statute. (Lab. Code, § 2699, subd. (l); O’Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable, and adequate. (O’Connor, supra, 201 F.Supp.3d at p. 1120.)
The court has carefully reviewed and considered the class action and PAGA action settlement agreement, plaintiff’s moving papers, and declarations and exhibits submitted
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