Laura Brewer et al vs El Encanto Inc

Case Number

22CV00660

Case Type

Hearing Date / Time

Mon, 10/27/2025 - 10:00

Nature of Proceedings

Motion: Dismiss re Class Action

Tentative Ruling

Plaintiffs Laura Brewer and Travis Pons filed this putative class action case on February 17, 2022, asserting wage and hour claims. On April 21, 2022, plaintiffs filed their first amended complaint (FAC). On May 23, 2022, defendant El Encanto, Inc., filed its answer, generally denying the allegations of the FAC and asserting 40 affirmative defenses. On June 8, 2022, the court entered its order on the stipulation of the parties temporarily staying the action. On February 26, 2024, the parties reported to the court that they settled the individual claims of the plaintiffs, that the plaintiffs had previously signed arbitration agreements with a class action waiver, that plaintiffs agreed to dismiss the class claims, and that the parties were finalizing a settlement agreement.

On March 24, 2025, the court denied without prejudice plaintiffs’ motion for approval of settlement of the PAGA claims, identifying a number of issues needing resolution prior to approval. On June 23, 2025, plaintiffs reported that the parties were working to address the issues identified by the court. On August 22, 2025, plaintiffs reported that a revised PAGA approval motion was being finalized and plaintiffs would file a motion to dismiss the class claims.

On August 28, 2025, plaintiffs filed this motion to dismiss the class action claims without prejudice. The motion is unopposed. No motion for approval of the settlement of the PAGA claims has yet been filed.

Good cause appearing, the court grants the motion for dismissal of the class action claims of the plaintiffs without prejudice. The court finds that dismissal is appropriate given the class action waivers present in the arbitration agreement. (See Draper decl., ¶¶ 3-4.) Because the PAGA claims remain and no prior notice has been given to the putative class, the court finds that dismissal of the class action will not prejudice the putative class and notice of this motion to dismiss is not required. (See Cal. Rules of Court, rule 3.770(c).)