Motion for Preliminary Approval of Class/PAGA Settlement
2. The amount for the cost of administration is incorrectly listed as $6,500 rather than $6,550 as provided in the Amended Settlement Agreement at ¶ III.B.4.
Class Counsel must file supplemental papers addressing the Court’s concerns no later than sixteen (16) court days prior to the continued hearing date. Counsel must also provide red-lined versions of all revised papers and an explanation of how the pending issues were resolved with precise citation to any corrections or revisions. A supplemental declaration or brief that simply asserts the issues have been resolved is insufficient and will result in a further continuance.
Plaintiff is ordered to give notice of this Court’s ruling, including to the LWDA, within five (5) calendar days, and file proof of service.
Class Counsel must file supplemental papers addressing the Court’s concerns no later than sixteen (16) court days prior to the continued hearing date. Counsel must also provide redlined versions of all revised papers and an explanation of how the pending issues were resolved with precise citation to any revisions. A supplemental declaration or brief that simply asserts the issues have been resolved is insufficient and will result in a further continuance.
Plaintiff is ordered to give notice of this Court’s ruling, including to the LWDA, within five (5) court days, and file proof of service. 122 Regalado Contreras vs. Inmar Supply Chain Solutions, LLC
2024-01444626 Motion for Preliminary Approval of Class/PAGA Settlement
The Court has reviewed the supplemental materials provided by Class Counsel and finds that they adequately address the previously identified issues. Accordingly, Plaintiff Mario Regalado Contreras’s Motion for Preliminary Approval of Class Action and PAGA Settlement is GRANTED.
This is a putative wage-and-hour class action and PAGA matter.
On 12/6/2024, Plaintiff Mario Regalado Contreras, individually and on behalf of all others similarly situated, filed a class action complaint against Defendant. (ROA #2.) On 2/10/2025, Plaintiff filed a first amended complaint to add a cause of action for PAGA penalties. (ROA #17.)
The operative complaint is the second amended complaint, filed on 11/4/2025 pursuant to the parties’ stipulation and the Court’s order, alleging various Labor Code wage-and-hour violations and unfair business practices, including a claim for PAGA penalties. (ROA #73.)
On 11/3/2025, Plaintiff filed the instant Motion for Preliminary Approval of the Class Action and PAGA Settlement, and submitted the Stipulation of Class and PAGA Settlement and Class Notice for the Court’s review. The motion seeks preliminary approval of the parties’ proposed settlement of Plaintiff’s class and PAGA claims for the non-reversionary gross settlement
amount (GSA) of $160,000. The GSA includes $10,000 allocated for PAGA penalties.
On 11/3/2025, Plaintiff filed the instant motion. (ROA #64.) On 5/14/2026, the Court continued the 1st hearing on the matter and asked counsel to address various issues. (ROA #83.) Counsel has submitted supplemental materials, including an Amended Class Action and PAGA Settlement Agreement (“Amended Settlement Agreement”) and an amended Class Notice.
Based on a review of all papers submitted, including the Amended Settlement Agreement, the Court finds the settlement falls within the range of what is considered fair and reasonable, subject to a final determination at the Final Approval hearing.
Within five (5) court days, Class Counsel must provide a further amended Proposed Order with the following edits:
1. The proposed order should include all the referenced attachments.
2. The proposed order must list the correct ROA number for counsel’s supplemental declaration to which the Amended Settlement Agreement is attached (i.e., #94, not #83).
3. The amounts to be distributed from the GSA listed in ¶ 14 of the Amended Proposed Order omits the amount for administration costs as set forth in the Amended Settlement Agreement (i.e., $8,500).
The Motion for Final Approval will be heard on December 10, 2026 at 2:00 p.m. in Department CX102. All papers for the Motion for Final Approval must be filed and served no later than sixteen (16) court days before the hearing date. If Class Counsel cannot meet this deadline, then they must request a continuance of the hearing. Failure to do so may result in the issuance of an Order to Show Cause re Monetary Sanctions.
At the Final Approval hearing, evidence supporting the request for an award of attorneys’ fees should be presented in the form of time records or a summary of time spent on the substantive tasks, so as to enable the Court to evaluate the lodestar and costs claimed. Class Counsel should state by declaration whether time records were kept and created contemporaneously or otherwise. The Court also reminds Class Counsel that although a determination regarding the amount of the attorneys’ fees award will not be made until final approval, the Court is unlikely to approve attorneys’ fees in excess of thirty percent (30%) of the GSA absent unique circumstances. As a result, Class Counsel should address whether any such unique circumstances exist.
Also at the Final Approval hearing, Class Counsel must also provide details of counsel’s any fee-splitting arrangement with other counsel.
Additionally, at the Final Approval hearing, Plaintiff and Class Counsel must provide detailed declarations describing circumstances to justify the requested enhancement award and addressing the factors set forth in Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251, 1272, and
Clark v. American Residential Services, LLC (2009) 175 Cal.App.4th 785, 804. Plaintiff must provide an estimate of the hours spent participating in this litigation.
Plaintiff to give notice of this Court’s ruling, including to the LWDA, within five (5) court days, and file proof of service. 123 Silva vs. General Underground Fire Protection, Inc.
2024-01422176
Motion for Preliminary Approval of Class/PAGA Settlement
The court has reviewed and considered the supplemental papers. The motion for preliminary approval of the $875,000 class and PAGA action settlement is GRANTED as to the current version of the parties’ settlement agreement, as amended. The court also approves the current version of the class notice. The motion for final approval shall be heard on December 10, 2026 at 2:00 p.m. in Department CX102. Moving papers are due 16 court days prior to the hearing. As to the proposed order, the following revisions shall be made, and counsel shall file a redline showing all changes.
1. Identify the first addendum to the settlement and attach it as a separate exhibit (no.2). ¶ 1.
2. The complete notice packet (including the certified translation) should be attached as a separate exhibit (no. 3). ¶ 7. Plaintiff to give notice of the court’s ruling, including to the LWDA, within 10 calendar days, and file proof of service.
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