Judge: Blaine K. Bowman, Case: 37-2020-00029409-CU-OE-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 23, 2024

05/24/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2020-00029409-CU-OE-CTL COFFEY VS SOCAL PERMANENTE MEDICAL GROUP [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs' motion for final approval of class settlement and award of attorneys' fees, costs and service awards is GRANTED. Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, the court finds Plaintiffs meet their burden of showing that the settlement, in the gross monetary amount of $9,970,000.00 is fair, adequate and reasonable. See also, Wershba v. Apple Computer, Inc.

(2001) 91 Cal.App.4th 224. The court finds the service awards requested reasonable and approves Plaintiffs' request for a class representative service awards in the amount of $10,000.00 to Plaintiff Damon Coffey and $10,000.00 to Plaintiff Brandie Lukofnak. The court finds an award of attorney's fees of $3,323,333.33 proper under the percentage of common fund and lodestar cross-check analysis of Laffitte v. Robert Half Intern. Inc. (2016) 1 Cal.5th 480 and the authorities cited therein. The court finds costs of $65,000.00 reasonable. See, Serrano v. Priest (1977) 20 Cal.3d 25, 35. The court awards Plaintiffs attorneys' fees of $3,323,333.33 and costs of $65,000.00. The court finds administrative costs of $159,000.00 reasonable and approves claims administration costs in this amount. The court approves the Private Attorney General Act (PAGA) settlement amount of $300,000.00 for Plaintiffs' PAGA claims and $75,000.00 for Plaintiffs' PAGA Subclass Claims ($ 281,250.00 to be paid to the California Labor and Workforce Development Agency and $93,750.00) to be distributed to the Aggrieved Employees in the PAGA Group and PAGA Subclass). The court approves the FLSA subclass allocation of $100,000.00.

Plaintiff shall submit a proposed final approval order and judgment within 10 days of this ruling.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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