Notice And Motion For Dismissal Of Claims Without Prejudice
Set for Law and Motion/Discovery Calendar on Wednesday, September 24, 2025, Line 6. PLAINTIFF MEI TAN's Motion For Dismissal Of Claims Without Prejudice.
Plaintiff Mei Tan's unopposed Motion For Dismissal Of Claims Without Prejudice is DENIED WITHOUT PREJUDICE. The motion is defective in several ways. The court identifies two.
This case was filed pursuant to the PAGA statutes; thus, the settlement requires court approval under Labor Code section 2699. (See Lab. Code, section 2699(s)(2) ["The superior court shall review and approve any settlement of any civil action filed pursuant to this part."].) Here, Plaintiff seeks dismissal of his individual and representative PAGA claims in association with a settlement, but he has not provided a copy of the settlement for the court's review. The court will not approve a settlement it has not reviewed.
Nor does the court contemplate basing a ruling on its review of a settlement that is not part of the public record; the public has a right of access to adjudicative facts (i.e., the record upon which a court adjudicates a non-discovery issue). At a minimum, under section 2699, the court must ensure the interests of the absent aggrieved employees are protected. The court needs to understand the settlement to make this determination.
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." Plaintiff here has not demonstrated that he submitted the proposed settlement to the LWDA.
Plaintiff is ordered to file a notice of related case and seek consolidation or coordination of this case and CGC-23-609089 and, after doing so, may renew this motion in the proper department with the defects cured. Plaintiff is ordered to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for hearing.
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