Judge: Douglas W. Stern, Case: 19STCV32726, Date: 2022-09-30 Tentative Ruling

Case Number: 19STCV32726    Hearing Date: September 30, 2022    Dept: 52

Tentative Ruling:

Plaintiff Humberto Rosales’s Motion for Approval of Private Attorneys General Act (PAGA) Settlement and Payment of Attorneys’ Fees and Costs

Plaintiff Humberto Rosales moves for an order approving the PAGA settlement agreement with defendants DBR Premium, Inc., Dror Barda, Anat Josef, and Fredy Josef. 

Labor Code § 2699(l)(2) provides, “The superior court shall review and approve any settlement of any civil action filed pursuant to” the Private Attorneys General Act.  Courts review and approve PAGA settlements to “ensur[e] that any negotiated resolution is fair to those affected.”  (Williams v. Superior Court (2017) 3 Cal.5th 531, 549.) 

The proposed settlement is fair and reasonable.  Plaintiff’s counsel, Mooradian Law, APC, has extensive experience in similar cases.  (Mooradian Decl., ¶¶ 2-3.)  The parties exchanged documents and information before reaching this settlement.  (Id., ¶¶ 8-10.)  The gross settlement amount of $100,000 (not including an additional $50,000 for plaintiff Rosales’s individual claims) is a reasonable compromise of the PAGA claims.  Attorney fees of $35,000 are reasonable and significantly lower than counsel’s lodestar of over $55,000.  (Id., ¶ 23.)  The $5,000 PAGA representative enhancement for plaintiff Rosales is reasonable and in line with similar settlements.  Finally, the agreement provides for timely funding and administration of the settlement.  (Id., Ex. A, ¶ 6.b.-6.e.) 

Plaintiff Humberto Rosales’s motion is granted.  The court will sign the proposed order and judgment.