Judge: Curtis A. Kin, Case: 20STCV22269, Date: 2023-04-27 Tentative Ruling

Case Number: 20STCV22269    Hearing Date: April 27, 2023    Dept: 72

MOTION FOR PRELIMINARY APPROVAL

OF CLASS SETTLEMENT

Date:               4/27/22 (9:30 AM)

Case:               Luis Garcia v. Car Aroma Supplies, Inc. (20STCV22269)

TENTATIVE RULING:

Plaintiff Luis Garcia’s Motion for Preliminary Approval of Class Settlement is GRANTED.

The Court previously continued the hearing for preliminary approval of class action settlement, noting certain concerns. (See 12/22/22 and 3/14/23 Minute Orders.) The Court has since reviewed the Supplemental Declaration of Atoy H. Wilson, the Declaration of Brian E. Cole II, and the Second Supplemental Declaration of Atoy H. Wilson. The Court’s concerns are satisfied.

With respect to the fourth concern set forth in the December 22, 2022 Minute Order, the parties propose a revision to paragraph 3.20 of the Settlement Agreement by which the parties clarify that the definition of Class Weekly Amount excludes the employee portion of the PAGA allocation from the calculation of the Class Weekly Amount. (2d Supp. Wilson Decl. ¶ 5.) The proposed revision would resolve the fourth concern set forth in the December 22, 2022 Minute Order. The Court will preliminarily approve the settlement with an executed Amendment No. 2 to Stipulation to Class Settlement and Release that sets forth the proposed revised individual settlement payment formula.

Within five (5) days hereof, plaintiff Luis Garcia is ordered to submit an Amended Proposed Order incorporating: (1) Amendment No. 1 to Stipulation to Class Settlement and Release attached to the Supplemental Declaration of Atoy H. Wilson; (2) an executed Amendment No. 2 to Stipulation to Class Settlement and Release that sets forth the proposed revised individual settlement payment formula set forth in paragraph 5 of the Second Supplemental Declaration of Atoy H. Wilson; and (3) the Class Notice attached as Exhibit B to the Second Supplemental Declaration of Atoy H. Wilson.

Prior to the final fairness hearing, Class Counsel must submit briefing and supporting declarations regarding a lodestar calculation of the attorney’s fees sought. The Court must determine that the attorney’s fees sought are reasonably related to the work performed before any fees are awarded. (See Garabedian v. Los Angeles Cellular Telephone Company (2004) 118 Cal. App. 4th 123, 128.)

Additionally, consistent with Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 806-07, the class representative must submit a declaration explaining why he should be compensated for the expense or risk incurred in conferring a benefit on other members of the class. The declaration must be specific enough in the form of quantification of time and effort expended on the litigation, and in the form of reasoned explanation of financial or other risks incurred by plaintiff for this Court to conclude that an enhancement award was necessary to induce plaintiff to participate in this lawsuit.

The motion for final approval documents, along with supporting declarations, must be filed by ____________.

The Order to Show Cause is discharged.

Fairness Hearing is scheduled for _________ at 9:30 AM in Department 72 at Stanley Mosk Courthouse.