Curiel v. Motivational Marketing LLC, et al

benefits every time an independent dealership sells or leases one if its vehicles; the dealership intended to benefit Defendant by expressly naming it; and the Plaintiffs knew or reasonable could have known that the arbitration was intended to benefit it.

*** *** ***

18. Curiel v. Motivational Marketing LLC, et al, Case No. CIVSB2310932 Plaintiff’s Motion for Preliminary Approval of Class Action Settlement 5/12/26, 1:30 p.m., Dept. S-17 The Court would CONTINUE the matter to allow for a Second Amended Complaint to add Ivette Aguilar as a named Plaintiff. Initially, Ivette Aguilar filed a separate action (CIVSB2317884). Here, the settlement agreement and motion seek to have her named as a Representative Plaintiff in this separate proceeding filed by Plaintiff Curiel (CIVSB2310932).

However, Aguilar is not a named plaintiff in this matter. Notably, a First Amended Complaint (FAC) was filed on April 3, 2024, to expand the claims to include a Private Attorneys General Act (PAGA) cause. However, the FAC failed to add Aguilar as a named Plaintiff. The Court declines to add Aguilar as a named Plaintiff here sua sponte, and it would continue the matter to allow a Second Amended Complaint naming Aguilar.

*** *** ***

4