Judge: Jon R. Takasugi, Case: 23STCV06023, Date: 2025-06-12 Tentative Ruling

Case Number: 23STCV06023    Hearing Date: June 12, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for approval of the PAGA Settlement is GRANTED.

            On 3/12/2023, Plaintiff Adrian Gomez, individually and on behalf of other aggrieved current and former employee (Plaintiff), filed suit against CS Hotel, LLC, Hotel Cara, Dean McKillen, and Eduardo Castillo, alleging: (1) violations of Gov. Code § 12940 (a), (j) & (k); (2) failure to pay overtime; (3) failure to pay minimum wages; (4) meal period violations; (5) rest break violations; (6) failure to pay owed tips/service fees; (7) sick leave/pay violations; (8) failure to pay wages for all time worked; (9) failure to timely pay wages owed at time of separation; (10) failure to provide accurate wage statements; and (11) failure to produce employment records.

On 4/29/2025, Plaintiff moved for approval of the PAGA Settlement.  

            The motion is unopposed.

Discussion

            The parties have agreed to a Gross Settlement Amount of $60,000.00. It is to be distributed as follows: 35% or $21,000.00 in attorneys’ fees; $7,284.31 in litigation costs; $4,750.00 to CPT Group Class Action Administrators (“Settlement Administrator”); $5,000 as enhancement payment to Plaintiff; and from remaining $21,965.69, $16,474.27 or 75% to the State of California (LWDA) and $5,491.43 balance or 25% to the PAGA class (average payout of $17.72). (ZM Decl. ¶¶ 13, 14.)

To determine whether a settlement is fair, adequate and reasonable, the court must independently and objectively analyze the evidence and circumstances before it in order to determine whether the settlement is in the best interests of those whose claims will be extinguished. (Kullar v. Foot Locker Retail, Inc.¿(2008) 168 Cal.App.4th 116, 130.) A non-exhaustive list of factors that the trial court should consider in evaluating the reasonableness of a class action settlement agreement includes the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement. (Id. at 129.) 

            Here, the parties engaged in informal discovery, participated in mediation, and the Settlement Amount reflects the competing risks associated with litigating these claims. Plaintiff’s motion thoroughly sets forth an analysis of the competing risks here, to show that considerable thought and investigation was put into the decision to settle the claims. (See ZM Decl.)

            The Court also finds the requested litigation reimbursement fees and costs, as well as the settlement administration costs, to be reasonable.  (See, Laffitte v. Robert Half Intern. Inc. (Cal. 2016) 205 Cal.Rptr.3d 555, 573.)

            Based on the foregoing, Plaintiffs’ motion for approval of the PAGA settlement is granted.

It is so ordered.

Dated:  June    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.