Judge: Gregory Keosian, Case: 21STCV14134, Date: 2022-10-20 Tentative Ruling

Case Number: 21STCV14134    Hearing Date: October 20, 2022    Dept: 61

Plaintiff’s Motion for Approval of PAGA Settlement is GRANTED.

Plaintiff followed the procedural requirements by submitting a copy of the Settlement Agreement to the LWDA (Safaei ¶ 26.) and appropriately dividing the settlement amount by apportioning 75% of the penalties to the LWDA and 25% to PAGA eligible employees. (Safaei Decl. ¶ 6, Exh. A.)

            The Court finds that the settlement agreement is both fair and reasonable given that the parties have arrived at the settlement amount through arms-length bargaining and Plaintiff provided sufficient explanation as to how the parties came to the settlement amount. The Court finds that Plaintiff’s consideration of the total potential amount; Defendants’ defenses and denials of liability; the potential risks, uncertainty, and expenses of further protracted litigation; the parties’ extensive written discovery; and the assistance of a well-regarded experienced neutral mediator indicate the fairness and reasonableness of the settlement. Furthermore, the Court is persuaded by Plaintiff’s defense of the settlement award in light of the purposes of PAGA in that the penalty amount is adequate to punish Defendants for alleged past violations concerning a group of approximately 466 eligible employees all the while not being so large as to be considered unjust, oppressive, or confiscatory. The Court also notes LWDA’s decision to not oppose the settlement and gives that decision considerable weight in addition to Plaintiff’s other explanations. The Court also finds Plaintiff’s attorney’s fees and costs fair and reasonable in light of other attorney fee’s awards approved in PAGA cases by California courts.

Thus, the Court agrees with Plaintiff’s assessment and finds that he has provided sufficient information to determine that the proposed settlement is both fair and reasonable. The Court notes the parties’ efforts in formally mediating this matter, and the lack of opposition to this motion. In light of sufficient evidence to support the fair and reasonable nature of the settlement, the Court GRANTS this motion.

Counsel for Plaintiff to provide Notice.