MOTION – OTHER: FOR PRELIMINARY APPROVAL OF CLASS ACTION
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On January 30, 2026, the court preliminary approved a settlement of class claims pursuant to Code of Civil Procedure § 382, and also preliminarily approval of a class settlement under California’s Private Attorney General Act, Labor Code § 2698, et seq. The matter is on for final approval after class action settlement notices were distributed to the putative class members.
Defendant did not file an objection.
1. Defendant will pay a maximum of $150,000.00, referred to as the Gross Settlement Amount (or GSA herein) not more than 14 days after the Effective Date (Settlement, § 4.3).
2. The Settlement will release specified wage-and-hour claims for those Class Members who do not opt out of the Settlement, as well as specified claims for PAGA Penalties for all Aggrieved Employees; 3. After deducting from the settlement Class Counsel’s attorneys’ fees and costs, enhancement payment to Plaintiff, Administration Expenses Payment, and the LWDA PAGA Payment, the remainder will be available for distribution to Participating Class Members, who do not opt out; to Forty Three (43) Aggrieved Employees in the form of Individual PAGA Payments, with each Aggrieved Employee receiving a pro-rata share of the 35% of the PAGA Penalties 4.
Defendant’s portion of payroll taxes (e.g., FICA, FUTA, etc.) owed on any settlement payments to Class Members that constitute wages will be paid separate and apart from the GSA (Settlement, § 3.1) 5. Any settlement checks that are mailed to the Class Members and remain uncashed after 180 days of the date of issuance will be cancelled, and the moneys will be directed to Legal Aid at Work.
6. The notice portion of the Settlement was administered by a third-party Administrator, ILYM Group, Inc, and costs of administration are estimated to be no more than $4,350 (Settlement, § 3.2.3); 7. Enhancement/Service Awards to Plaintiff: Defendant will not oppose the application for Class Representative Enhancement of up to $10,000 for Plaintiff, to be paid from the GSA (Settlement, § 3.2.1); 8. Fees and Costs: Defendant will not oppose Class Counsel’s application for fees up to the amount of $52,500, and actual costs, in an amount not to exceed $17,500.00, to be paid out of the GSA. (Settlement, § 3.2.2); 9.
The total amount of PAGA civil penalties to be paid from the Gross Settlement Amount totals $15,000.00 with 65% ($9,750.00 (Nine Thousand Seven Hundred Fifty Dollars)) allocated to the LWDA PAGA Payment and 35% ($5,250.00 (Five Thousand Two Hundred Fifty Dollars)) allocated to the Individual PAGA Payments. (Settlement, § 3.2.5).
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The court has reviewed the declaration of the settlement administrator, Nathalie Hernandez, which reports an impressive 100% participation by the class members.
The settlement was reached as a result of good faith arm’s length negotiations, is not opposed, and is APPROVED.
The Court has set a non-appearance case review concerning disposition of the settlement proceeds for July 17, 2026, at 1:30 p.m. in this department, and orders Plaintiff’s Counsel to file a declaration of counsel or the Settlement Administrator no later than July 9, 2026, concerning the disposition of proceeds.
The court will review the final approval order lodged by the Plaintiff.
Should any party wish to contest this tentative, the matter will be heard on May 29, 2026, at 1:30 pm in this department. Marin County Superior Court Local Rules, Rule 2.10(A), (B), which provides that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing.
Parties must comply with Marin County Superior Court Local Rules, Rule 2.10(A), (B), which provides that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 2.10(B), the tentative ruling shall become the order of the court.
IT IS ORDERED that evidentiary hearings shall be in-person in Department L. For routine appearances, the parties may access Department L for video conference via a link on the court website. Kindly turn your camera on when your case is called and make sure the party or lawyer making the appearance is properly identified on the screen.
FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing while using the virtual remote courtroom. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence. If it is determined that you are driving your car during the hearing, you will be removed from the virtual courtroom. (Yes, this happens).