Judge: Armen Tamzarian, Case: 22STCV03448, Date: 2023-03-07 Tentative Ruling
Case Number: 22STCV03448 Hearing Date: March 7, 2023 Dept: 52
Plaintiff
Sergio Pedroza moves for final approval of the parties’ settlement under the
Private Attorneys General Act (PAGA).
Labor
Code § 2699(l)(2) provides, “The
superior court shall review and approve any settlement of any civil action
filed pursuant to” PAGA. Courts review
and approve PAGA settlements to “ensur[e] that any negotiated resolution
is fair to those affected.” (Williams
v. Superior Court (2017) 3 Cal.5th 531, 549.)
The
proposed settlement is fair and reasonable.
Plaintiff is represented by experience counsel at The Byrne Law Group
and Van Hook Law Firm. (Van Hook Decl.,
¶¶ 25-26.) The gross PAGA settlement
amount of $45,000 is a fair compromise based on counsel’s estimate of $220,500. (Motion, pp. 9-10.) Plaintiff’s counsel investigated the case,
including by reviewing defendants’ payroll and timekeeping records. (Van Hook Decl., ¶ 7.) The parties settled after mediation with Hon.
William Pate (Ret.). (Id., ¶¶
7-11.) Allocating one third of the gross
PAGA fund to attorney fees is typical in PAGA cases and is fair.
Plaintiff’s
motion for an order approving the PAGA settlement is granted. The court will sign plaintiff’s proposed
order.