Danial vs. PNM Enterprises

LAW & MOTION CALENDAR TENTATIVE RULINGS

August 14, 2026

09:00 AM

CX-101

JUDGE WILLIAM D. CLASTER

Department CX101 Phone Number: (657) 622-5301

The Court will hear oral argument on all matters at the time noticed for the hearing. If you would prefer to submit the matter on your papers without oral argument, please advise the clerk by calling (657) 622-5301. The Court will not entertain a request for continuance nor fili ng of further documents once the ruling has been posted.

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• For additional information, please see the court’s website at Court Reporter Interpreter Services for additional information regarding the availability of court reporters.

• Civil Limited, Unlimited and Complex (Updated June 11, 2020)

# CASE NAME MATTER 1 Danial vs. PNM Enterprises

2024-01410966

Plaintiff’s Motion for Approval of Class Settlement Plaintiff’s motion for preliminary approval of class action settlement is CONTINUED to October 9, 2026 at 9:00 a.m. in Department CX101 to permit the parties to respond to the following items of concern. Any supplemental briefing shall be filed on or before September 30, 2026. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions, and additions must be submitted as well.

As to the Settlement:

1. Please provide 60 days, rather than 45, for opt-outs, objections, and workweek disputes.

2. How large a sample of time and pay records did Defendant turn over (e.g., 10%)?

3. Did counsel interview anyone other than Plaintiff to value the non-record claims?

4. Counsel states that an expert was retained to value the case. Whom? Please provide a CV.

5. In response to the meal break claim, Defendant would argue “that the claim lacks merit and that the violations were primarily unrecorded and off-the-clock.” (Yslas Decl. ¶ 13.) Why would Defendant contend the claim lacks merit? As to Defendant’s contention that violations were primarily unrecorded, don’t the time and pay records create a presumption that 38.3% of breakeligible shifts had meal break violations?

6. Defendant’s policies required employees to keep their walkie-talkies on their person and turned on at all times, even during rest breaks. Is there any case law on whether such a requirement means rest breaks are onduty breaks?

7. Does the UCL claim have independent value, or does it simply extend the limitations period?

8. The class and PAGA releases cover not only claims that were pled or could have been pled based on the facts alleged in the complaint and the LWDA letter, but also facts “ascertained in the course of the Action.” Please delete this language. Almost anything could have been “ascertained in the course of the Action.”

9. At final approval, please submit contemporaneously made billing records for attorney’s fees and costs. The Court will not be inclined to award an amount of fees and costs greater than the amount stated in the notice.

10. At final approval, please submit billing records for administrative costs. The Court will not be inclined to award administrative costs in an amount greater than the amount stated in the notice.

11. Because he has submitted a declaration in support of his requested enhancement at preliminary approval, Plaintiff need not submit one at final approval.