Judge Glenda Sanders, Case 2020-01136565 2022-09-30 Tentative Ruling

Judge: Glenda Sanders, Case: 2020-01136565, Date: 2022-09-30 Tentative Ruling

1. Motion for Approval of Class Settlement

2. Status Conference

This is a putative class and PAGA action involving alleged wage/hour violations. The operative pleading is the First Amended Complaint.

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 $750,000, with the following maximum deductions:

- Attorney Fees: $250,000

- Litigation Costs: $25,000

- Administration Costs: $16,400

- Plaintiffs’ Enhancement: $12,500 ($7,500 [Rovira]; $2,500 each [Renteria, Santos])

- LWDA: $37,500 ($50,000 total PAGA penalties, 75% to LWDA)

Based on the review of the settlement and supplemental materials, the motion for preliminary approval is GRANTED, subject to the filing of proof of service, within five calendar days, reflecting submission of the amended settlement agreement to the LWDA.

The court will thereafter sign a revised Proposed Order, including the still missing references to the ROA number of the declaration to which the Amended Settlement is attached.

For final approval as to the proposed enhancement, counsel should state the amount the representatives are expected to recover as class members, 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 and 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. Moving party to give notice.