Judge: Gregory W. Pollack, Case: 37-2022-00015148-CU-OE-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023  09:30:00 AM  C-71 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Gregory W Pollack

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00015148-CU-OE-CTL SANZ VS STERLING JEWELERS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The Court rules on the motion for final approval of class action settlement, award of attorneys' fees and costs and approval of class representative service awards as follows: The motion is granted for the reasons stated below.

The terms of the settlement are as follows: Defendants Sterling Jewelers Inc., Signet Jewelers Ltd., and Zale Delaware, Inc. (collectively Defendants) will pay a gross settlement of $2,000,000.00 to the class, which includes attorneys' fees and costs, settlement administration costs, a representative enhancement and PAGA payments to the LWDA and the class. (Ferraro Dec., ¶14.) The estimated net settlement is $1,191,757.52. (Ibid.) There have been no objections and seven opt outs. (Olivares Supp. Dec., ¶¶5, 7.) Legal Standard. When faced with a motion for final approval of a class action settlement, a court's inquiry is whether the settlement is 'fair, adequate and reasonable.' (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th   1794, 1801 fn. 7 (hereafter Dunk).) California strongly favors settlements. (Western Steamship Lines, Inc. v. San Pedro Peninsula Hosp. (1994) 8 Cal.4th 100, 110.) The presumption of fairness exists where, as here '(1) the settlement is reached through arm's length bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation, and (4) the percentage of objectors is small.

(Dunk, supra, 48 Cal.App.4th at p. 1802.) The factors that courts routinely consider in reviewing a proposed settlement are: (1) the strength of the plaintiffs' case, (2) the risk, complexity, length, and expense of continued litigation, (3) the risk of maintaining class action status through trial, (4) the amount offered in settlement, (5) the stage of the proceedings and the amount of discovery already undertaken at the time of the settlement, (6) the experience and views of counsel, and (7) the reaction of the class members to the proposed settlement.

(7-Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1166-1167.) Here, plaintiffs Maria Sanz, Amy McCormack, Helens Phillips, Celeste Giron, Spencer Maki, Jules Santos and Diane White (collectively Plaintiffs) presented evidence establishing that the settlement is fair and adequate. (Ferraro Dec., ¶50.) The parties engaged in arm's length negotiations and extensive investigation and discovery. (Id., at ¶¶5-11.) Finally, counsel for Plaintiffs are experienced and skilled in class actions. (Id., at ¶¶19-49.) Calendar No.: Event ID:  TENTATIVE RULINGS

2993328  17 CASE NUMBER: CASE TITLE:  SANZ VS STERLING JEWELERS INC [IMAGED]  37-2022-00015148-CU-OE-CTL In addition, Defendants do not oppose the following proposed payments: (1) Class representative enhancement payments of $5,000.00 each, (2) attorney fees and litigation costs of $666,666.67 and $430,825.81, respectively, (3) claims administration costs of $25,750.00, and a (4) PAGA payment of $50,000.00. (Ferraro Dec., ¶14.) IT IS SO ORDERED.

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