Judge: Carolyn M. Caietti, Case: 37-2021-00000397-CU-OE-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2021-00000397-CU-OE-CTL HARVILLE VS NORTH FV LLC [EFILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs Sharron Harville and Terrell Clark's unopposed Motion for Approval of PAGA Settlement is GRANTED.

Labor Code section 2699(l)(2) requires courts to 'review and approve' PAGA settlements. (See also, Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56.) The PAGA settlement agreement was submitted to the Labor & Workforce Development Agency in compliance with Labor Code section 2699(l)(2). (Declaration of Kyle Nordrehaug, at ¶ 7; ROA 50 – Proof of Service.) The PAGA settlement of $900,000 is 'fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.' (Moniz, supra, 72 Cal.App.5th at p. 77.) There are approximately 2,200 employees who worked approximately 62,000 pay periods. Before updating the settlement figures to account for the actual costs incurred, the distribution of the penalties calculates to $421,502.25 to the LWDA and $140,500.75 to the aggrieved employees. This is consistent with Labor Code section 2699(i).

The Court evaluated the strength of the plaintiffs' case, risk, complexity, likely duration of further litigation, the settlement amount, any indications of fraud, collusion or unfairness, and whether the plaintiffs adequately represented the state and public's interests.

Here, Defendant produced data and documents regarding the aggrieved employees, from which Plaintiffs' counsel and their expert calculated the maximum PAGA penalties and analyzed Defendant's potential liability. Counsel has significant experience litigating wage and hour class and PAGA actions.

Defendant denied all liability and could have argued the recoverable penalties under PAGA were none to minimal.

The settlement is a good result and the product of arms-length negotiations between experienced counsel and was reached after two days of mediation before an experienced mediator. Neither the LWDA, nor any other individual or aggrieved employee has objected to the settlement. Taken as a whole, Plaintiffs adequately represented the state and public's interests.

In addition, the released claims do not include nonparty employees' individual claims. (Moniz, supra, 72 Cal.App.5th at p. 86; Nordrehaug Decl., at Ex. 1, at § 5.2.) Calendar No.: Event ID:  TENTATIVE RULINGS

2962663  40 CASE NUMBER: CASE TITLE:  HARVILLE VS NORTH FV LLC [EFILE]  37-2021-00000397-CU-OE-CTL The attorney fees sought are reasonable and based on 1/3 of the gross settlement. (Lab. Code, § 2699(g)(1); Nordrehaug Decl.) The requested costs of NTE $22,000 are reasonable and any difference between what is incurred and the amount allowed will be added to the PAGA Payment.

The service administration costs to ILYM Group are also reasonable and any difference will be added to the PAGA Payment.

For these reasons, the Court approves the PAGA settlement and GRANTS the motion.

The Court will sign the proposed order. (ROA 49.) Plaintiff is ordered to serve notice of the Court's conformed order on all parties.

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2962663  40