Judge: Jon R. Takasugi, Case: BC647541, Date: 2023-04-28 Tentative Ruling

Case Number: BC647541    Hearing Date: April 28, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to approve distribution of PAGA recovery is GRANTED.

            On 1/19/2017, Plaintiff Arthur Zakaryan (Plaintiff) filed suit against the Mens Wearhouse, Inc., Tailored Brands, Inc., asserting a claim under the California Labor Code Private Attorney General Act (PAGA). 

Now, Plaintiff moves to confirm settlement approve distribution of PAGA recovery.

The motion is unopposed.

Legal Standard

A superior court must review and approve any penalties sought as part of a proposed¿settlement¿agreement pursuant to § 2699. (Lab. Code § 2699(l).) A prevailing employee is entitled to an award of reasonable attorney fees and costs incurred in the action. (Lab. Code § 2699(g)(1).) “[C]ivil penalties recovered by aggrieved employees shall be distributed as follows: 75 percent to the Labor and Workforce Development Agency for enforcement of labor laws and education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 25 percent to the aggrieved employees.” (Lab. Code, §2699(i).) 

Discussion

            Under the terms of the parties’ settlement, Plaintiff and Defendant agree to allocate the gross amount of $31,561.68, as recovered in Defendants’ bankruptcy as settlement in this case.

Per the Settlement Agreement, the amount is allocated as follows:

LWDA: $3,000

98 Aggrieved Employees: $1,000

Attorneys Fees Trial Court: $10,520.26

Attorneys’ Expenses: $13,441.42

Service Award to Plaintiff: $3,000

Third-Party Administrator: $600

Total Gross Settlement Amount: $31,561.68

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, after review, the Court approves the resolution of Plaintiff’s PAGA claims and approves immediate distribution of those funds as provided in the settlement.

It is so ordered.

Dated:  April    , 2023

   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. 

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