Motion for Preliminary Approval of Settlement
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25CV015406: MARTIN, et al. vs BOARD OF GOVERNORS OF THE CALIFORNIA COMMUNITY COLLEGES, et al. 07/31/2026 Hearing on Motion for Preliminary Approval of Settlement in Department 8A
Tentative Ruling
NO APPEARANCE REQUIRED
Plaintiffs Mercedes McDonald and Siane Hollands (collectively, Moving Plaintiffs) motion for preliminary approval of class action settlement is UNOPPOSED and GRANTED as follows.
Overview
On June 27, 2025, Plaintiffs John Martin, et al.[1] filed their class action complaint against Defendants Board of Governors of the California Community Colleges, et al.[2]
On March 24, 2026, pursuant to the stipulation of the Parties, the Court granted Plaintiffs leave to file a First Amended Complaint (1AC). (Stipulation, filed 12/16/25; 3/13/26 Order; 3/24/26 Order.)
On March 24, 2026, Plaintiffs filed the operative 1AC (removing certain dismissed parties and removing certain allegations), alleging the following causes of action: (1) failure to pay minimum wages and (2) failure to comply with California Education Code § 70901. (Stipulation, filed 12/16/25; 1AC.)
This Action is related to the Sacramento County Superior Court case, Martin v. California Community Colleges (Case No. 34-2022-00328402) (Martin I). (Notice of Related Case, filed 6/27/25.)
Among other things, this Action, Case No. 25CV015406 (Martin II), challenges compensation practices applicable to part-time instructors employed by Defendant Santa Clarita Community College District (Santa Clarita or the District) during the Class Period, including alleged failures to compensate for all hours worked in violation of the California Labor Code, applicable Industrial Welfare Commission Wage Orders, and the California Education Code.
On October 10, 2025, Moving Plaintiffs and Santa Clarita (collectively, Parties) participated in a full-day mediation with mediator Lisa Klerman, following which the Parties agreed to resolve this action. (Lesser Decl., ¶ 7.) Prior to mediation, the Parties engaged in informal discovery and class-wide data analysis. (Id. at ¶ 16.)
The Parties entered into a written settlement agreement and now move for preliminary
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25CV015406: MARTIN, et al. vs BOARD OF GOVERNORS OF THE CALIFORNIA COMMUNITY COLLEGES, et al. 07/31/2026 Hearing on Motion for Preliminary Approval of Settlement in Department 8A
approval of the class settlement. This ruling incorporates by reference the definitions in the Agreement and all capitalized terms defined therein shall have the same meaning in this ruling as set forth in the Agreement. (Lesser Decl., ¶ 22, Exh. 1 (Agreement).)
Settlement Class Certification
Moving Plaintiffs move to certify the following settlement Class, or as referenced in the Agreement the Santa Clarita Class: all part-time instructors employed by the District from winter intersession 2023-24 through and including summer session 2025 (i.e., the academic sessions comprised of winter intersession 2023-24, spring semester 2024, summer session 2024, fall semester 2024, winter intersession 2024-25, spring semester 2025, and summer session 2025). (Agreement, ¶ 1.4.)
According to the Districts records, the Class consists of 722 individuals. (Ibid.) The Parties stipulated to certification for settlement purposes. (Id. at ¶ 2.6.) The Court finds, based on the moving papers, that Moving Plaintiffs have established the requisites for class certification. Accordingly, the Court preliminarily certifies the proposed class for settlement purposes only.
Class Representatives
Moving Plaintiffs are preliminarily appointed as Class Representatives for settlement purposes only.
Class Counsel
The Court preliminarily appoints Kemnitzer, Barron & Krieg, LLP; Klafter Lesser LLP; Law Offices of Daniel M. Galpern; Javergaum Wurgaft Hicks Kahn Wikstrom & Sinins, and Clarkson Law Firm PLLC as Class Counsel for settlement purposes only.
Settlement Administrator
The Court approves Phoenix Class Action Administration as Settlement Administrator.
Fair, Adequate, and Reasonable Settlement
The Court must find a settlement is fair, adequate, and reasonable before approving a class action settlement. (Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244- 245.) The trial court has broad discretion to determine whether a proposed settlement in
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV015406: MARTIN, et al. vs BOARD OF GOVERNORS OF THE CALIFORNIA COMMUNITY COLLEGES, et al. 07/31/2026 Hearing on Motion for Preliminary Approval of Settlement in Department 8A
a class action is fair, adequate, and reasonable. (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) In making its fairness determination, the Court considers the strength of the Plaintiffs case, the risk, expenses, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the state of the proceedings, and the experience and views of counsel. (Id. at p. 1801.) In approving a class action settlement, the Court must satisfy itself that the class settlement is within the ballpark of reasonableness. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 133.)
This is a non-reversionary, opt out settlement. Santa Clarita will pay the Gross Settlement Amount (GSA) of $2,000,000, to be paid into a Qualified Settlement Fund (QSF). (Agreement, ¶¶ 1.19, 4.1.) Santa Clarita will separately pay the employer-side payroll taxes by deduction from the GSA. (Id. at ¶ 3.2(d).) The following will be paid out of the GSA: (1) a service payment to Moving Plaintiffs of not more than $5,000, each ($10,000 total); (2) attorneys fees award equaling not more than 1/3 of the GSA and litigation expenses payment not to exceed $24,900 to Class Counsel; (3) settlement administration costs not to exceed $15,250, absent good cause; and (4) Individual Class Member payments. (Agreement, ¶¶ 1.13, 3.2(a), 3.2(b), 3.2(c), 3.2(d).)
The estimated average Individual Payment is approximately $1,777.26. (Lesser Decl., ¶ 17.) Class Members have 45 days to respond to the Class Notice, plus an additional 14 days for Class Members whose Class Notice was re-mailed. (Agreement, 8.5.) For any Class Member whose Individual Class Payment check is uncashed and cancelled after the Void Date, the Administrator will transmit the funds represented by such checks to the California State Controller's Unclaimed Property Fund in the name of the Class Member. (Id. at ¶ 5.5.)
Disposition
The Court preliminarily finds that all relevant factors support settlement approval. (Dunk, supra, 48 Cal.App.4th at p. 1802.) The papers demonstrate the settlement was reached after arms-length bargaining between the parties and was reached after sufficient discovery and negotiations, which allowed the Parties, and therefore, this Court, to act intelligently with respect to the settlement. Class Counsel conducted an investigation into the facts and law and issues in this case, including the exchange of informal discovery and the review of relevant information. The settlement appears to be within the ballpark of reasonableness. (Lesser Decl., ¶¶ 11-18.) Therefore, the motion is GRANTED.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV015406: MARTIN, et al. vs BOARD OF GOVERNORS OF THE CALIFORNIA COMMUNITY COLLEGES, et al. 07/31/2026 Hearing on Motion for Preliminary Approval of Settlement in Department 8A
The Court also approves the proposed Class Notice. The Notice shall be disseminated as provided in the Agreement.
The Final Approval Hearing will take place on January 8, 2027, at 9:00 a.m., in Department 8A.
The Court will sign the Proposed Order submitted with the moving papers. The Court will fill in the information at Paragraph 5 and amend the information at Paragraph 17 regarding the Final Approval Hearing.
Moving Plaintiffs must include any request for attorneys fees, costs, and the service award in the final approval motion, not a separately filed motion.
To request oral argument on this matter, you must call Department 8A at (916) 874- 5754 by 4:00 p.m., the court day before this hearing and notification of oral argument must be made to the opposing party/counsel. If no call is made, the tentative ruling becomes the order of the court. (Local Rule 1.06.)
If oral argument is requested, the parties may appear by Zoom with the links below:
To join by Zoom link https://saccourt-ca-gov.zoomgov.com/j/16108301121 To join by phone dial (833) 568-8864 / ID: 16108301121
Counsel for Moving Plaintiffs is directed to notice all parties of this order.
[1] The Complaint names the following additional Plaintiffs: Jodi Rives, Linda Fraser,
Sandra Blackman, Arnie Schoenberg, Bobbi-Lee Smart, Deanna Azevedo, Ellen Straw, Stan Porter, James Keller, Mercedes Mcdonald, Siane Holland, Petra Lott, Laura Talley, Lyndsey Lefebvre, James Ford, Santino Labbate, Joseph Mccarty, Anna Mckennon, Jessica Lyn White, and Pamela Neronha. [2] The Complaint names the following additional Defendants: Shasta-Tehama-Trinity
Joint Community College District, Butte-Glenn Community College District, Yuba Community College District, Los Rios Community College District, Mt. San Jacinto Community College District, San Diego Community College District, Cerritos Community College District, Los Angeles Community College District, San Joaquin Delta Community College District, Mt. San Antonio Community College District, Yosemite Community College District, Pasadena Area Community College District,
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV015406: MARTIN, et al. vs BOARD OF GOVERNORS OF THE CALIFORNIA COMMUNITY COLLEGES, et al. 07/31/2026 Hearing on Motion for Preliminary Approval of Settlement in Department 8A
Santa Clarita Community College District.
Hearing on Motion for Final Approval of Settlement is scheduled for 01/08/2027 at 09:00 AM in Department 8A at Tani G. Cantil-Sakauye Courthouse.