Judge: Armen Tamzarian, Case: 25STCV08121, Date: 2025-05-13 Tentative Ruling

Case Number: 25STCV08121    Hearing Date: May 13, 2025    Dept: 52

Plaintiff Josef Bernstein’s Motion for Order Approving Settlement Under California Labor Code Section 2699

Plaintiff Josef Bernstein moves 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.  Plaintiff is represented by experienced counsel, who investigated the case and reviewed payroll records produced by defendants.  (Jackson Decl., ¶ 3.)  Plaintiff and defendants PayReel, Inc., Anheuser-Busch, LLC, and 160over90, Endeavor Operating Company, LLC reached a settlement after a mediation in January 2024.  (Ibid.)  The gross settlement amount of $200,000 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.  The amount of fees is also supported by plaintiff’s counsel’s lodestar of over $67,000.  (Jackson Decl., ¶ 17.)

Plaintiff Josef Bernstein’s motion for approval of PAGA settlement is granted.  The court will modify the proposed order and judgment submitted by plaintiff and enter judgment. 

The court hereby vacates the hearing on plaintiff’s motion for approval of settlement pursuant to the Private Attorneys General Act set for May 22, 2025, at 9:00 a.m.