Judge: Glenda Sanders, Case: 2019-01060073, Date: 2022-09-09 Tentative Ruling
1. Motion for Approval of Class Settlement
2. Status Conference (Vacated)
This is a putative class action involving alleged wage/hour violations. The operative pleading is the Complaint, which contains a single cause of action for violation of California unfair business practices act (Bus. & Prof. Code § 17200).
Before the Court this day is a continued hearing on Plaintiff’s application for preliminary approval of the settlement reached in this action.
The parties propose a Gross Settlement Amount of $525,000, with the following maximum deductions:
- Attorney Fees: $175,000
- Litigation Costs: $20,000
- Administration Costs: $8,000
- Plaintiff’s Enhancement: $5,000
Based on the review of the settlement and supplemental materials, the motion for preliminary approval is GRANTED.
The court will sign the Proposed Order with non-substantive modifications including the still missing references to the ROA numbers of the declarations to which the Settlement Agreement and the amendments thereto, are attached.
For final approval as to the proposed enhancement, counsel should state the amount the representative is expected to recover as a class member, and any other factors pertinent to the enhancement request. (Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251.) The actual high, low, and average recoveries for the class members should also be stated.
At the final hearing, evidence of fees and costs should be presented in the form of a summary of time spent on the substantive tasks to enable the Court to evaluate the lodestar and the costs claimed. Counsel should also state whether time records were kept and created contemporaneously or otherwise.
The Final Approval hearing is set for January 6, 2023 in Dept. CX101. All papers are due no later than 15 calendar days prior to the hearing.
The status conference is vacated. No appearance is necessary at the September 9, 2022 hearing.
Moving party to give notice.