Judge: Armen Tamzarian, Case: 23STCV15499, Date: 2025-05-15 Tentative Ruling

Case Number: 23STCV15499    Hearing Date: May 15, 2025    Dept: 52

Plaintiffs’ Motion for Approval of Settlement Under the Private Attorneys General Act

Plaintiffs Davide Giliberti and Dean Leduc move for an order approving the settlement of this action under the Private Attorneys General Act (PAGA).  Labor Code section 2699, subdivision (s)(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.  Plaintiffs are represented by experienced counsel, who investigated the case and reviewed documents including “pay stubs and time records for a sampling of about 25% of the allegedly Aggrieved Employees.”  (Ardestani Decl., ¶ 6.)  Plaintiffs and defendants South Bay Motors, LLC, Sullivan Automotive Group, LLC, Scully Insurance Center, LLC dba LACarGuy, and GenSM, LLC dba Genesis Santa Monica reached a settlement after a mediation in August 2024.  (Id., ¶ 7.)  The gross settlement amount of $275,000 represents a reasonable compromise.  Allocating one third of the settlement funds to attorney fees is typical in PAGA settlements (see Laffitte v. Robert Half Internat. Inc. (2016) 1 Cal.5th 480, 505) and is fair in this case. 

Plaintiffs Davide Giliberti and Dean Leduc’s motion for approval of PAGA settlement is granted. 

The court will not, however, sign the proposed order submitted by plaintiffs.  The proposed order includes extraneous provisions and an erroneous reference to the wrong plaintiffs.  The court will draft and enter the judgment.