| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Notice And Motion For Dismissal Of Claims Without Prejudice
Set for Law and Motion/Discovery Calendar on Wednesday, September 24, 2025, Line 6. PLAINTIFF MEI TAN's Motion For Dismissal Of Claims Without Prejudice.
Plaintiff Mei Tan's unopposed Motion For Dismissal Of Claims Without Prejudice is DENIED WITHOUT PREJUDICE. The motion is defective in several ways. The court identifies two.
This case was filed pursuant to the PAGA statutes; thus, the settlement requires court approval under Labor Code section 2699. (See Lab. Code, section 2699(s)(2) ["The superior court shall review and approve any settlement of any civil action filed pursuant to this part."].) Here, Plaintiff seeks dismissal of his individual and representative PAGA claims in association with a settlement, but he has not provided a copy of the settlement for the court's review. The court will not approve a settlement it has not reviewed.
Nor does the court contemplate basing a ruling on its review of a settlement that is not part of the public record; the public has a right of access to adjudicative facts (i.e., the record upon which a court adjudicates a non-discovery issue). At a minimum, under section 2699, the court must ensure the interests of the absent aggrieved employees are protected. The court needs to understand the settlement to make this determination.
Section 2699(s)(2) establishes another precondition to judicial approval of a PAGA settlement: "The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." Plaintiff here has not demonstrated that he submitted the proposed settlement to the LWDA.
Plaintiff is ordered to file a notice of related case and seek consolidation or coordination of this case and CGC-23-609089 and, after doing so, may renew this motion in the proper department with the defects cured. Plaintiff is ordered to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for hearing.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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 contestdept302tr@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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The court no longer provides a court reporter in the Law & Motion 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/JMQ) | |