Plaintiff's Motion for Preliminary Approval of Class and Representative Action Settlement
Browse all Motion for Preliminary Approval of Class Settlement rulings statewide →
Stanislaus County - Civil - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/civil-tentati ve-rulings Civil Tentative Rulings May 22, 2026
The following is the tentative ruling for a case calendared before Judge John R. Mayne in Department 21: CV-24-004209 - SAFI, HELA vs EAST BAY HC RESOURCE - a) Defendant East Bay HC Resource's Motion to Compel Arbitration, Dismiss Class Claims and Stay Representative Action - HEARING REQUIRED; b) Defendants Phenos Collective, Inc., Pacafi, Inc., and Fire House Turlock, Inc.'s Motion to Join Motion to Compel Arbitration - HEARING REQUIRED.
a-b) Given that no opposition papers have been filed and the case has essentially been inactive for the last five months, the Court has questions regarding the status of this case.
The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22: ***There are no tentative rulings in Department 22***
The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23: ***There are no tentative rulings in Department 23***
The following are the tentative rulings for cases calendared before Judge Sonny S. Sandhu in Department 24:
CV-23-000752 - RODRIGUEZ, VERONICA vs WW GRAINGER INC - Compliance Hearing - DROPPED. The Court notes the submission of the Settlement Administrator's declaration demonstrating compliance with the terms of the subject settlement.” Of the Gross Settlement Amount of$2,674,612.22 Class Members, Aggrieved Employees, Class Counsel, Class Representatives and Class Administrator have received their payments per said Settlement. “Payment has also been made to the LWDA per said Settlement. Uncashed checks totaling $62,974.22 have been transmitted to the State Controller's Unclaimed Property Fund. Class Counsel shall submit an amended judgment reflecting the unclaimed amount.
CV-23-005838 - MADRIGAL, MARIA vs BEST DEAL FOOD COMPANY INC - Plaintiff's Motion for Preliminary Approval of Class and Representative Action Settlement - GRANTED. Good cause appearing to the satisfaction of the Court the Court finds as follows: The Settlement class is certified for settlement purposes only in accordance with Cal. Rules of Ct., rule 3.769(c). The proposed settlement is within the range of reasonableness and deemed to be presumptively valid, subject to any objections that may be heard at the final fairness hearing and subject to final approval by this Court. Class counsel, class representative and claims administrator are hereby preliminarily approved and appointed as set forth in the motion.
The Court sets the following deadlines relative to this matter: 6-26-26 | Defendant shall provide Class Information to Administrator. | 7-7- 26 | Administrator shall mail Class Notice to Class Members. | 8-28-26 | Class Deadline for Submission of Opt-Out Notices, Objections or Workweek Disputes. | 9-16-26 | Deadline for Class Counsel to file Motion for Final Approval and submit due diligence declaration from Administrator. | A final fairness hearing in this matter shall be set for October 12, 2026, at 8:30 a.m. in Department 24 of this Court. The Class Notice shall be revised to reflect the date of the final fairness hearing and the corresponding deadlines. Counsel shall submit a Proposed Order that includes the deadline for Counsel to file the Motion for Final Approval within five court days of the date of this ruling.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
CV-25-000327 - DOORNEWAARD, JOSEPH vs SCONZA CANDY COMPANY - Defendant Sconza Candy Company's Motion to Compel Plaintiff's Individual PAGA Claim to Arbitration and to Stay PAGA Representative Action Claim - CONTINUED, on the Court's own motion. The court requires additional time to review this motion. Accordingly this matter is continued to June 4, 2026, at 8:30 am in Department 24 of this Court
CV-25-009369 - GRIFFITH, TRAVIS vs KORN FERRY ISP LLC - Defendants' Motion to Compel Arbitration and Dismiss Class Claims - GRANTED. Without directly addressing the issue of interstate commerce, the court finds, to the extent that the parties agreed in their Arbitration Agreement that the Federal Arbitration Act would govern their disputes, that the parties' Arbitration Agreement is governed by Federal Arbitration Act. (Tuufuli v. W. Coast Dental Admin. Servs., LLC, (2026)117 Cal. App. 5th 1048). The Court also finds that a valid arbitration agreement exists between the parties covering the instant dispute. (Code of Civil Procedure, Sec. 1281.2; Gamboa v. NorthEast Community. Clinic, (2021) 72 Cal. App. 5th 158).
Regarding Plaintiff's claims of a lack of understanding of legal jargon and statutory references a party is deemed to have read and to understand the contents of a document he appends his signature to. (Baker v. Italian Maple Holdings, LLC, (2017)13 Cal. App. 5th 1152). Moreover, an employer is not required to explain the terms of an arbitration agreement to an employee though a lack of explanation may contribute to a finding of procedural unconscionability. Any state law requiring that would contravene the FAA. (OTO, L.L.C. v. Kho, (2019) 8 Cal.5th 111).
The Court further finds that the parties' Arbitration Agreement was a contract of adhesion as Plaintiff was required to sign the arbitration agreement as a condition of employment. Plaintiff does not provide any evidence that attempts to seek clarification of any of the provisions of the arbitration agreement were unsuccessful. By itself, an adhesion contract may present a low or modest degree of procedural unconscionability, but that can rise to a moderate level when the party drafting an agreement that refers to arbitration rules fails to provide to non-drafting party a copy of the applicable rules(Nelson v. Dual Diagnosis Treatment Ctr., Inc., (2022) 77 Cal. App. 5th 643).
Here, the evidence submitted indicates that the arbitration agreement was sent to Plaintiff via email and that the Arbitration Agreement contained live links to the applicable JAMS Rules where Plaintiff had to go online to execute the arbitration agreement and the employment offer. The agreement clearly stated that the operative rules are JAMS Employment Arbitration Rules and Procedures Furthermore, the hyperlink was located in paragraph 3 of the Arbitration Agreement and was reasonably evident. Therefore, Defendant's failure to attach a physical copy of the applicable arbitration rules does not render the agreement procedurally unconscionable. (Brinkley v. Monterey Fin. Servs., Inc., (2015) 242 Cal. App. 4th 314)
Overall, the Court finds that the arbitration agreement exhibits a limited degree of procedural unconscionability. (Civil Code section 1670.5; Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 102; Pardee Construction Co. v. Superior Court (2002) 100 Cal.App.4th 1081; (Ajamian v. CantorCO2e, L.P., (2012) 203 Cal. App. 4th 771).