CHRISTOPHER CERDA VS. CRUNCH, LLC, ET AL

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.

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