Judge: Glenda Sanders, Case: 2019-01106371, Date: 2022-12-22 Tentative Ruling

The hearing on the Motion for Final Approval is CONTINUED to January 26, 2023 at 2:00 p.m. in department CX101 to permit the parties to respond to the following issues. A supplemental briefing shall be filed at least 9 days before the continued hearing and respond where necessary to the points raised below:  

1.    The Settlement Administrator should provide the names of the individuals who opted out. The names of those individuals should also be included in the proposed Order.

2.    In calculating the Net Settlement Amount, the Settlement Administrator subtracted $3,072.27 from the gross settlement for “Employers Taxes”. However, Defendant is required to pay for its own taxes in addition to the gross settlement amount. See Settlement, ¶¶18 and 23. Additionally, the Settlement Administrator only deducted $5,000 from the gross settlement for Plaintiffs’ Service Awards. But Plaintiffs have requested $10,000 each for a total of $20,000. Plaintiffs’ counsel should ensure that the Settlement Administrator is aware what disbursements may properly be deducted from the gross settlement and the correct amount.

3.    The Settlement Administrator should provide the estimated lowest individual settlement payment and individual PAGA payment.

4.    The Settlement Administrator should provide the estimated individual settlement payment and/or individual PAGA payment for each Plaintiff.

5.    The actual class size increased by 16 from the estimated class size. Do the parties anticipate that the increase in class size will trigger the escalator clause? 

6.    How will notice of the judgment be provided to the class?  The method for providing notice should be included in the proposed Order.

7.    Should the Settlement be approved, the Court will hold a status conference for a final accounting.  Counsel shall submit a final report at least 10 days prior to that conference regarding the status of the settlement administration. Counsel should include a date for the final accounting in the proposed order.  The Court holds final accounting hearings on Fridays at 9:00 am. The final accounting should occur after the deadline for class members to cash their checks. The final report must include all information necessary for the Court to determine the total amount actually paid to class members and any amounts tendered to the cy pres recipient, Public Counsel.           

8.    Plaintiff should identify all compensation they have or are anticipated to receive from this lawsuit and submit a declaration addressing the factors set forth in Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251, 1272 and Clark v. Am. Residential Servs. LLC (2009) 175 Cal.App.4th 785, 804, including an estimate of the hours spent on this litigation.  

9.    The proposed order is to be revised consistent with the issues addressed above.

10. Counsel's contact information should be removed from the caption page of the proposed Order.

11. In Paragraph 17, line 10, "and" should be replaced with "plus". Additionally, paragraph 17 should be simplified and state that the Court has approved the amounts of the disbursements as fair and reasonable and then itemize the disbursements and amounts.

12. Some of the paragraphs in the proposed order are misnumbered and should be corrected.

Plaintiff is ordered to give notice, including to the LWDA and file a proof of service at least 5 court days before the continued hearing.