Judge: Blaine K. Bowman, Case: 37-2021-00051013-CU-OE-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 04, 2024

04/05/2024  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) 37-2021-00051013-CU-OE-CTL TORRES VS GTM WHOLESALE LIQUIDATORS INC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's motion for final approval of class action settlement and for attorneys' fees and costs is GRANTED. Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, the court finds Plaintiff meets Plaintiff's burden of showing that the settlement, in the gross monetary amount of $65,000.00 is fair, adequate and reasonable. See also, Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224. The court finds the service award requested reasonable and approves Plaintiff's request for a class representative service award in the amount of $5,000.00 to Plaintiff Johana Avila Torres. The court finds an award of attorneys' fees of $21,666.66 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 $10,000.00 reasonable. See, Serrano v. Priest (1977) 20 Cal.3d 25, 35. The court awards Plaintiff attorneys' fees of $21,666.66 and costs of $10,000.00. The court finds administrative costs of $6,500.00 reasonable and approves claims administration costs in this amount. The court approves the Private Attorney General Act (PAGA) settlement amount of $6,500.00 ($4,875.00 to be paid to the California Labor and Workforce Development Agency and $1,625.00 to be distributed to the Aggrieved Employees).

The court sets November 18, 2024 as the due date for filing the parties' compliance report and sets November 22, 2024 at 8:30am for the compliance hearing.

The court modifies and signs the proposed final order of approval and judgment.

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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