Judge: Glenda Sanders, Case: 30-2020-01140831, Date: 2023-01-05 Tentative Ruling

Having considered the papers, including all supplemental papers, filed in connection with the unopposed Motion for Preliminary Approval of $5,455,000.00 Class and PAGA Action Settlement, the Court GRANTS the Motion subject to the following:

$ 7,500.00 for Plaintiff’s enhancement (not to exceed);

$ 1,818,333.33 for reasonable attorney’s fees, which is 1/3 of the gross settlement amount (not to exceed);

$ 20,000.00 for reasonable litigation costs (not to exceed);

$ 18,000.00 for Settlement Administrator’s Fees and Costs (not to exceed) and

$ 187,500.00 for the LWDA’s share (75%) of the total $250,000 allocated for PAGA penalties.

Plaintiff is ordered to submit to the Court within 5 court days a revised Class Notice and proposed Order updating the department and to include the Settlement and Addendum as an exhibit to the proposed Order.

Plaintiff is reminded of the following from the Court’s October 13, 2022 Minute Order:

“The Court has wide discretion on assessing the reasonableness of fees, including basing fees on the percentage of fund method, conducting a lodestar cross-check on a percentage fee, or foregoing a lodestar cross-check and using other means to evaluate the reasonableness of a requested percentage fee. (Laffitte v. Robert Half Intern. Inc. (2016) 1 Cal.5th 480, 506.)

At final approval Counsel should provide billing records in support of its fees and documentation of its costs.  Further, Plaintiff’s counsel must disclose whether they have any fee-splitting arrangement with any other counsel, or confirm none exist. (Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler (2012) 212 Cal.App.4th 172, 184; California Rules of Court, rule 3.769(b).)”

Plaintiff is ordered to give notice, including to the LWDA, and file a proof of service.