Tentative Rulings

The Tentative Rulings for Thursday, October 1, 2026, are:

Re:                 Stevens, Jerrod Lamont vs. BBQ Holdings, Inc.

Case No.:  VCU300433

Date:           October 1, 2026

Time:           8:30 A.M. 

Dept.           1-The Honorable David C. Mathias

Motion:      Motion for Final Approval

Tentative Ruling: To grant the motion; to set the Final Compliance Hearing for April 22, 2027; 8:30 am; D1.

Facts and Analysis

Plaintiff’s motion for final approval of class action and PAGA settlement, attorneys’ fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 20, 2026.  The Court finds and rules as follows:

On August 27, 2026, the settlement administrator ILYM Group, Inc., through its Case Manager, filed a declaration detailing the following events.

On March 16, 2026, the administrator  received a mailing list of 703 potential class members from Defendant’s counsel with names, contact information, social security numbers and relevant employment information

On March 25, 2026, after the administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located, the administrator sent class notice by mail to the 703 members. 89 notices were returned and updated addresses for 61 were obtained and notices were mailed. Therefore, 28 notices have been deemed undeliverable.

Class members had sixty (60) days, until May 25, 2026 to submit objections, disputes and/or requests for exclusions. Zero (0) requests for exclusion and zero (0) valid objections have been received from class members. Therefore, all 703 Class Members or 100% of the Class will participate in the settlement.

The court presumes the settlement is fair and reasonable given (a) that it was reached through arms-length bargaining at mediation, (b) that there was sufficient time for investigation and discovery since commencement of litigation (c) class counsel have particularized experience with the claims at issue in the case, and (d) there appear to be no disputes or objections.  (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4^th 1794, 1802.) 

A net settlement amount of $450,142.20 is available to pay to the class members in accordance with the terms of settlement. The highest class portion to be paid is approximately $2,456.80, the lowest class portion to be paid is approximately $12.73, and the average class portion to be paid is approximately $640.32.

The Court believes basic information about the nature and magnitude of the claims in question and the basis for concluding that the consideration being paid for the release of those claims represents a reasonable compromise under the circumstances, in accordance with Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4^th 116, 133.  This case involved extensive informal discovery and investigation of disputed claims, including review and analysis by Plaintiff’s counsel.  The settlement avoids significant risks and delay that would result from further litigation of the case, which would include, amongst other matters, certification proceedings, trial, and the possibility of further delay and cost resulting from appeals.

By way of review, the Court previously reduced the hours of attorneys Marquez and Grigoryan no longer employed by Plaintiff’s firm, as well as reduced the hourly rates of all counsel. This resulted in the Court preliminarily approving 147.7 hours at adjusted rates ranging from $950 to $350 per hour, creating a base lodestar of $83,210. Class counsel has provided an updated declaration as to the lodestar in this matter, seeking set forth as follows:

Therefore, to award the fees as requested of $124,815, the Court would need to apply a multiplier of 1.45. The Court regularly applies a multiplier of 1.5 and therefore the fees, as requested, are approved.

Counsel has additionally provided sufficient cost information indicating actual costs incurred in the amount of $27,592.80.

The Court believes the requested attorney fees and costs appear reasonable under the circumstances. Additionally, counsel has provided a sufficient declaration to demonstrate adequate previous experience with class actions to further support the reasonableness of the award.

The settlement administrator has provided, in the declaration describing the work it has performed on the case, a value of services totaling $9,950. The Court believes the amount requested as compensation for the administrator appears reasonable. 

The settlement agreement designates California Controller’s Office Unclaimed Property Division in accordance with Code of Civil Procedure section 384.

The Court previously approved a representative payment of $5,000 and finds that the requested enhancement payment is appropriate under the circumstances.

Finally, the Court confirms its conditional certification of the settlement class. The Court finds no significant events have occurred that would cause it to change its prior determination that the settlement class met all requirements under Code of Civil Procedure section 382 for certification for settlement purposes at the time it granted Plaintiff’s motion for preliminary approval.

On review of the declarations and pleadings submitted, the Court finds, given the established presumption that the settlement is fair and reasonable under the circumstances of this case, and, particularly, given the absence of any objection or opposition following the class notice, that the settlement is fair and reasonable and that the motion for final approval should be, and is hereby, granted.

Therefore, the following deductions from the gross settlement of $650,000 are approved as follows:

The Court shall enter its order of final approval and judgment in this case on the proposed order submitted by Plaintiffs on August 27, 2026.

Final Compliance Hearing is set for April 22, 2027; 8:30 am; D1.

If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.

Re:               Scalia, Frank vs. Patel, Anilkumar K.

Case No.:  VCU324378

Date:          October 1, 2026

Time:          8:30 A.M. 

Dept.          1-The Honorable David C. Mathias

Motion:       Defendant Patel’s Motions to Compel Initial Responses to (1) Form Interrogatories, Set Two, as to Plaintiff Frank Scalia (2) Form Interrogatories, Set Two, as to Plaintiff Four Seasons Hauling, Inc., (3) Form Interrogatories, Set Two, as to Plaintiff Four Seasons Ag Services, (4) Requests for Production of Documents, Set Two, as to Plaintiff Four Seasons Hauling, Inc. (5) Requests for Production of Documents, Set Two, as to Plaintiff Four Seasons Ag Services; and to Deem Admissions Admitted Set One as to Plaintiffs (6) Frank Scalia, (7) Four Seasons Hauling, Inc., and (8) Four Seasons Ag Services; Sanctions

Tentative Ruling:

(1) through (3): To grant the motions and order responses no later than thirty (30) days from notice of this ruling;

(4) and (5): To grant the motions and order responses no later than thirty (30) days from notice of this ruling;

(6) through (8): To grant the motion as against Plaintiff Scalia as to Requests for Admissions 1 through 20; To grant the motion as to Plaintiff  Four Seasons Hauling, Inc. as to Requests for Admissions 1 through 10; To grant the motion as to Plaintiff Four Seasons Ag Services as to Requests for Admissions 1 through 9; and

To issue sanctions as follows:

• $620 as against Plaintiff Scalia, and counsel of record, jointly and severally, due no later than thirty (30) days from notice of this ruling
• $930 as against Plaintiff Four Seasons Hauling, Inc., and counsel of record, jointly and severally, due no later than thirty (30) days from notice of this ruling
• $930 as against Plaintiff Four Seasons Ag Services., and counsel of record, jointly and severally, due no later than thirty (30) days from notice of this ruling.

Defendant is ordered to give notice.

Facts Common to (1) through (8)

On June 26, 2026, Defendant Patel electronically served the following discovery:

(1) Form Interrogatories, Set Two, as to Plaintiff Frank Scalia

(2) Form Interrogatories, Set Two, as to Plaintiff Four Seasons Hauling, Inc.,

(3) Form Interrogatories, Set Two, as to Plaintiff Four Seasons Ag Services,

(4) Requests for Production of Documents, Set Two, as to Plaintiff Four Seasons Hauling, Inc.

(5) Requests for Production of Documents, Set Two, as to Plaintiff Four Seasons Ag Services

(6) Requests for Admissions, Set One, as to Plaintiff Frank Scalia

(7) Requests for Admissions, Set One, as to Plaintiff Four Seasons Hauling, Inc.,

(8) Requests for Admissions, Set One, as to Plaintiff Four Seasons Ag Services; Sanctions

On July 29, 2026, Defendant filed this motion to compel initial responses to (1) through (5) and to deem admissions admitted as to (6) through (8.)

Further, Defendant seeks sanctions against Plaintiffs and counsel of record, in the amount of $2,990 consisting of 7 hours at $250 per hour plus 2 hours at $350 per hour plus $60 filing fee for nine (9) separate motions. Defendant indicates this is time incurred as to 9 motions filed simultaneously.

No oppositions appear filed.

Authority and Analysis

(1) through (3) – Form Interrogatories, Set Two

Based on Plaintiffs Scalia, Four Seasons Hauling, Inc., and Four Seasons Ag Services failures to respond to the second sets of form interrogatories, the Court orders under, Code of Civil Procedure section 2030.290(a), that Plaintiffs Scalia, Four Seasons Hauling, Inc., and Four Seasons Ag Services’ provide full and complete verified responses without objection to Defendant’s second sets of form interrogatories within thirty (30) days after service of the notice of this ruling for this motion. Defendant shall give notice.

(4) and (5) – Requests for Production, Set Two

Based on Plaintiffs Four Seasons Hauling, Inc., and Four Seasons Ag Services’ failure to respond to the first set requests for production of documents, the Court orders under, Code of Civil Procedure section 2031.300(a) that Plaintiffs Four Seasons Hauling, Inc., and Four Seasons Ag Services provide full and complete verified responses without objection to Defendant’s second set of requests for production of documents, within thirty (30) days after service of the notice of this ruling for this motion. Defendant shall give notice.

(6) through (8) – Requests for Admissions, Set One

Code of Civil Procedure section 2033.280 states that if a party to whom requests for admissions have been directed fails to serve a timely response, the propounding party may move for an order that the truth of any facts specified in the requests for admissions be deemed admitted. Here, Plaintiffs have failed to serve a timely response and Defendant has moved for an order to deem the admission admitted.

Based on the foregoing, the Court grants Defendant’s motions. The facts and allegations alleged as to Requests for Admissions, Set One, 1 through 20 as to Plaintiff Scalia shall be deemed admitted.

The facts and allegations alleged as to Requests for Admissions, Set One, 1 through 10 as to Plaintiff Four Seasons Hauling, Inc. shall be deemed admitted.

The facts and allegations alleged as to Requests for Admissions, Set One, 1 through 9 as to Plaintiff Four Seasons Ag Services shall be deemed admitted.

Sanctions

The Court will not award sanctions as requested for this motion where Defendant’s declaration fails to itemize the time incurred on this motion specifically and, instead, bills for nine (9) separate motions.

The Court will award one hour at the $250 rate for each motion.

Therefore, the Court will issue sanctions against Plaintiff Scalia in the amount of $500, against Plaintiff Four Seasons Hauling, Inc. in the amount of $750 and against Plaintiff Four Seasons Ag Services. in the amount of $750

The Court will also award the $60 filing fee as to each of the eight motions.

Therefore, the Court issues sanctions as follows:

• $620 as against Plaintiff Scalia, and counsel of record, jointly and severally, due no later than thirty (30) days from notice of this ruling
• $930 as against Plaintiff Four Seasons Hauling, Inc., and counsel of record, jointly and severally, due no later than thirty (30) days from notice of this ruling
• $930 as against Plaintiff Four Seasons Ag Services., and counsel of record, jointly and severally, due no later than thirty (30) days from notice of this ruling.

The Court orders Defendant to give notice of this ruling.

If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.

Honorable Bret D. Hillman Presiding - Department 2

Examiner notes for probate matters calendared September 30, 2026, that allow for posting:

Status:  Recommended for Approval (RFA), Appearance Required or Recommended, Approval Conditional Upon, etc.

Honorable Russell Burke Presiding- Department 19

Examiner notes for probate matters:

                                         Probate calendar for September 24, 2026

Status:  Recommended for Approval (RFA), Appearance Required or Recommended, Approval Conditional Upon, etc.

PLEASE NOTE:  All attempts possible are made to have the information on this page entered by 3:00 p.m. the day prior to hearing in order to allow for any needed continuances or travel if an appearance should be required.  For further information regarding a probate matter listed below you may contact the Probate Document Examiner at (559) 730-5000 x 1302 or 1430

South County Justice Center & County Civic Center- Visalia

GUARDIANSHIP CASES

         SCJC- Honorable Russell Burke Presiding

         Visalia- Honorable Bret D. Hillman; Honorable Nathan D. Ide; Honorable David C. Mathias

Examiner notes for probate GUARDIANSHIP matters calendared AS STATED BELOW that allow for posting:

PLEASE NOTE:  All attempts possible are made to have the information on this page entered by 3:00 p.m. the day prior to hearing in order to allow for any needed continuances or travel if an appearance should be required.  For further information regarding a probate matter listed below you may contact the Probate Document Examiner at (559) 730-5000 x 1302.