Judge: Glenda Sanders, Case: 30-2020-01144794, Date: 2023-01-05 Tentative Ruling

The hearing on the Motion for Final Approval is CONTINUED to February 9, 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.    Although the Motion references a declaration from the Settlement Administrator, no Settlement Administrator Declaration was submitted with the moving papers. The Settlement Administrator Declaration should include updated information on objections, opt outs and disputes, as well as provide the estimated average, high and low payments for the individual settlement payments and individual PAGA payments, and any estimated payments to each of the Plaintiffs.

2.    What steps, if any, have been taken to ensure that the class list is accurate and no groups have been omitted?

3.    The percentages or amounts agreed to amongst Class Counsel for the fee award should be disclosed. (Cal. R. Ct. 3.769(b) [“Any agreement, express or implied, that has been entered into with respect to the payment of attorney's fees or the submission of an application for the approval of attorney's fees must be set forth in full in any application for approval of the dismissal or settlement of an action that has been certified as a class action.”]) Class Counsel should also confirm that there are no other fee-splitting agreements.

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

5.    In order to accurately conduct the lodestar check for the fee award, Class Counsel should provide a breakdown of the time spent and fees for each attorney.

6.    The Aegis lodestar report (ROA 433, Ex. 1) references “Renshaw v. SC Laboratories, Inc.” in the bottom right corner. The Aegis firm should confirm that the lodestar report is for the Arcos matter.

7.    Each Plaintiff should provide an estimate of the total number of hours they spent on this matter and any amounts they received or anticipate receiving from the Settlement.

8.    Class Counsel should propose a date for the final accounting hearing. 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 State Controller’s Office under Unclaimed Property law.

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

10. The attorney address information on the caption page should be removed.

11. The proposed Order should include the definition of PAGA Member and PAGA Period.

12. In the proposed Order, insert a space between “California” and “(to” at paragraph 8, p. 3:17.

13. In the proposed Order, delete “administered” at paragraph 13, p. 5:10.

14. In the proposed Order, paragraphs 7 and 13 should include the additional $2,957.85 due to the Settlement Administrator from the Defendant.

15. In the proposed Order, in addition to the total amounts, the amounts for fees and costs due to each firm should be included in paragraph 14.

16. In the proposed Order, the total amount of the Plaintiffs’ enhancement payments should be included in paragraph 15.

17. In the proposed Order, paragraph 17 should be revised to explain that only $7,000 of the total $9,957.85 for Settlement Administrator fees and costs is to be paid from the gross settlement amount and the remainder is to be paid directly by Defendant.

18. In the proposed Order, paragraphs 21 and 22 should be combined.

19. In the proposed Order “Order” should be replaced with “Ordered” at p. 7:9.

20. In the proposed Order, “Honorable Peter J. Wilson” should be inserted above “JUDGE OF THE SUPERIOR COURT” for the signature line.

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