Montes v. Restoration Hardware, Inc.
Motion type
Parties
Ruling
declaration (Lazar Decl. (ROA 104) ¶ 39 (“Plaintiff is entitled to a Class Representative Service Payment . . . for providing Defendant with a more expansive release of claims, including a waiver based upon California Civil Code section 1542, in exchange for the Class Representative Service Payment.”)). The court preliminarily finds an enhancement award not to exceed $5,000 reasonable in this case.
As to the notice:
7. The notice should be revised consistent with the above.
8. In the September 25, 2025 order, the court stated that the title of the notice and throughout the document should include “and PAGA” after “class” and before “settlement.” The phrase “and PAGA” should be inserted after “class action” and before “settlement” in the gray box at the top of page 1 of the notice, and after “class action” and before “litigation” in the second sentence of the paragraph immediately below the gray box.
As to the proposed order (ROA 140, 148):
9. The proposed order should be revised consistent with the above.
10. The settlement agreement and any amendments thereto and the class notice packet (in English and Spanish) should be attached to the proposed order as exhibits, not submitted as a separate document from the proposed order.
The hearing on plaintiff’s motion for preliminary approval of a class action and PAGA settlement is continued to February 4, 2027 at 2:00 p.m. in Department CX105 to permit the parties to address and respond to the above issues. See also Department CX105 Guidelines for Approval of Class Action Settlements and PAGA Settlements (www.occourts.org). A supplemental brief shall be filed at least 9 court days before the hearing and shall address as necessary each of the above points. If required, an amendment to the settlement agreement is directed, rather than “amended settlement agreement,” to streamline the court’s review. The parties shall also provide redlined copies of any revised documents.
Plaintiff is ordered to provide notice, including to the LWDA, and to file a proof of service. Plaintiff must also serve the LWDA with any supplemental brief and any amended settlement documents, and file a proof of service.
No earlier hearing date is available for this motion.
11 Montes v. Restoration Off calendar. Hardware, Inc.
12 Ramirez v. Golden Glass, Plaintiff’s Motion for Preliminary Approval of Class Action and PAGA Inc. Settlement
10
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