Judge: Carolyn M. Caietti, Case: 37-2021-00041803-CU-OE-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2021-00041803-CU-OE-CTL ANGUIANO VS NORWAY MAPLE HOLDINGS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 05/10/2023

Plaintiff's Motion for Approval of Private Attorneys General Act Representative Action 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.) Here, the settlement agreement was provided to the LWDA on May 10, 2023. (Lab. Code, § 2699(l)(2); ROA 59 - Declaration of Jamie Loos, at ¶ 10 & Ex. 1.) LWDA has not responded.

The PAGA settlement of $300,000 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.) The PAGA period is May 4, 2020 through February 6, 2023. There are approximately 365 employees who worked 9,228 pay periods. Before updating the settlement figures to account for the actual costs incurred, the distribution of the penalties calculates to $124,184.25 to the LWDA and $41,394.75 to the Aggrieved Employees. This is consistent with Labor Code section 2699(i).

The Court evaluated the strength of the plaintiff's 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, Defendants produced a sampling of data and documents regarding the aggrieved employees, from which Plaintiff's counsel calculated the maximum PAGA penalties and analyzed Defendants' potential liability. Counsel has significant experience litigating wage and hour class and PAGA actions.

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

The attorney fees sought are reasonable and based on 1/3 of the gross settlement. (Lab. Code, § 2699(g)(1); Loos Decl. ¶ 32.) The litigation costs of $13,361.92 and service administration costs of $4,421.00 to Rust Consulting are reasonable and any difference will be added to the PAGA Payment.

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

Calendar No.: Event ID:  TENTATIVE RULINGS

2971236  48 CASE NUMBER: CASE TITLE:  ANGUIANO VS NORWAY MAPLE HOLDINGS LLC [IMAGED]  37-2021-00041803-CU-OE-CTL The Court will sign the proposed order. (ROA 61.) Plaintiff is ordered to serve notice of the Court's conformed order on all parties.

Calendar No.: Event ID:  TENTATIVE RULINGS

2971236  48