Judge: Armen Tamzarian, Case: 22STCV03448, Date: 2023-03-07 Tentative Ruling

Case Number: 22STCV03448    Hearing Date: March 7, 2023    Dept: 52

Plaintiff Sergio Pedroza’s Motion for Approval of Settlement of Representative PAGA Claims

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.