Cedric A Beaty et al vs Homer T Hayward Lumber Co et al

Case Number

22CV04267

Case Type

Hearing Date / Time

Fri, 07/11/2025 - 10:00

Nature of Proceedings

Motion: Approval

Tentative Ruling

For the reasons set forth herein:

1. The hearing on plaintiffs’ motion for preliminary approval of class action and PAGA settlement is continued to August 22, 2025, at 10:00 a.m. in this department.
2. Plaintiff, Cedric A. Beaty, shall file and serve the motion, for preliminary approval of class action and PAGA settlement, in Case No. 22CV04265 (the PAGA Action), no later than July 25, 2025, and set the hearing date as August 22, 2025.
3. Plaintiffs shall file a proposed order in each case that cross-references the other case.

Background:

This action commenced on October 28, 2022, by the filing of a class action complaint by plaintiffs Cedric A. Beaty (“Beaty”) and Jorge L. Zaragoza Valdovinos (“Valdovinos”), against defendants Homer T. Hayward Lumber Company (“HLC”) and United Staffing Associates, LLC (“USA;” collectively “defendants”), setting forth causes of action for: (1) Failure to Pay Minimum and Straight Time Wages; (2) Failure to Pay Overtime Wages; (3) Failure to Provide Meal Periods; (4) Failure to Authorize and Permit Rest Periods; (5) Failure to Timely Pay Final Wages at Termination; (6) Failure to Provide Accurate Itemized Wage Statements; (7) Failure to Indemnify Employees for Expenditures; and (8) Unfair Business Practices. (Case No. 22CV04267 or “Class Action”.)

Plaintiffs allege that during the period of their employment with defendants, defendants systematically violated several provisions of the labor code for which they have set forth their causes of action. There are no Private Attorneys General Act of 2004 (“PAGA”) claims made by why of the class action complaint.

Also on October 28, 2022, Beaty, on behalf of the State of California and other aggrieved persons, filed a PAGA complaint against HLC and USA (Case No. 22CV04265 or “PAGA action”), seeking statutory civil penalties.

Beaty alleges that defendants committed numerous labor code violations during his employment with them.

On March 29, 2024, the PAGA action and the Class Action were ordered related and both cases were assigned to this department. The cases were not consolidated.

Plaintiffs now move for preliminary approval of the Class Action and the PAGA action. However, plaintiffs have only brought the motion in the Class Action, Case No. 22CV04267. As noted, the cases are not consolidated and are proceeding independently of the other. The motion, as it is drafted, purports to resolve both cases. This could result in confusion for others interested in the PAGA action, Case No. 22CV04265.

To resolve this issue, and to ensure that proper orders are entered in each of the two cases, plaintiffs will be ordered to file their motion in both cases. The court will reschedule the hearing date so that both motions can be ruled upon at the same time.