Cuico v. Absolute Home Mortgage Corporation

9

Plaintiffs are ordered to provide notice, including to the LWDA, and to file a proof of service. Plaintiffs must also serve the LWDA with any supplemental brief and any amended settlement documents, and file a proof of service. No earlier hearing date is available for this motion.

3 Cuico v. Absolute Home Mortgage Corporation

2024-01371269 Off calendar.

4 Oropeza v. Oceanfront Recovery at Laguna Beach, LLC, et al.

2023-01302016 Plaintiff’s Motion for Approval of PAGA Settlement

The court has reviewed and considered the papers, including the supplemental papers, filed in support of plaintiff’s motion for approval of an $80,000 PAGA settlement. This is the third hearing on plaintiff’s motion. The court has issued detailed orders (ROA 82, 117) in connection with both of the prior hearings.

The court has the following questions and comments:

1. The court’s October 16, 2025 order (ROA 117) states: “If required, an amendment to the settlement agreement shall be submitted, rather than an ‘amended settlement agreement,’ to streamline the court’s review of the documents.” 10/16/25 Order (ROA 117) (bold and underlining in original). For unknown reasons, plaintiff submitted an amended settlement agreement. As to the settlement (Supp. Lo Decl. (ROA 138) Ex. B):

2. The court’s prior orders address the effective date of the PAGA release for unnamed aggrieved employees and the aggrieved employees’ release. ROA 82, 117. In an effort to avoid more than one further hearing on this motion, the court orders the parties to revise the amended settlement agreement as follows:

a. The last sentence of paragraph I.7 should be removed.

b. The phrase “for civil penalties” should be inserted in paragraph I.14 after “all claims” and before “under PAGA.”

c. The word “Representative” should be removed from the heading of paragraph III.6, and the following phrase should be removed from the first sentence of paragraph III.6: “In her capacity as a private attorney general or ‘aggrieved employee’ acting on behalf of herself, the State of California and Aggrieved Employees.” Extending this provision to anyone other than plaintiff is unnecessarily duplicative of the PAGA release in paragraph III.8.

d. The following phrase should be inserted at the beginning of the first sentence of paragraph III.8: “Effective upon Defendants’ full funding of the Maximum Settlement Amount.”