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Notice And Motion For Dismissal Of Individual Claims With Prejudice And Representative Claims Without Prejudice
Matter on the Law & Motion/Discovery Calendar for Wednesday, September 3, 2025, line 9, PLAINTIFF CHRISTOPHER CERDA ON BEHALF OF THE STATE OF CALIFORNIA AS A PRIVATE ATTORNEY GENERAL Motion For Dismissal Of Individual Claims With Prejudice And Representative Claims Without Prejudice
Plaintiff Christopher Cerda's motion to dismiss his individual claims with prejudice and representative claims without prejudice is granted. Labor Code 2699, subdivision (s)(2), provides that "The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." This case is a civil action filed pursuant to PAGA and therefore any settlement of it must be approved by the court.
Cerda provides evidence that the representative claims in this action are covered by another case where a settlement has been reached and approved and whose class period encompasses the time period for which Cerda sought to represent aggrieved employees whose claims are being dismissed with prejudice. The court therefore concludes that the settlement here adequately vindicates the public's interest in the representative PAGA claims. (See Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 89 [disapproved in part on other grounds by Turrieta v. Lyft, Inc. (2024) 16 Cal.5th 664, 684].) The motion is therefore granted. Cerda is ordered to provide notice to LWDA of his abandonment of representative claims.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. = (302/CVA) | |