Judge: Joseph Lipner, Case: 20STCV22269, Date: 2023-09-28 Tentative Ruling

Case Number: 20STCV22269    Hearing Date: September 28, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Pursuant to the Court’s April 27, 2023 minute order in which the Court granted Plaintiff’s motion for preliminary approval of class settlement, the Court set a final fairness hearing and ordered class counsel to submit briefing and supporting declarations prior to the final fairness hearing. Class counsel, however, submitted neither the briefing nor supplemental declarations.

The Court therefore CONTINUES the final fairness hearing to Friday, October 27, 2023 at 9:30 a.m. in this department. The Court orders class counsel to file the required briefing and declarations with the Court by the close of business on Friday, October 20, 2023.

Background

          On June 12, 2020, Plaintiff Luis Garcia (“Plaintiff”), as an individual and on behalf of all aggrieved employees, filed a complaint for damages, injunctive relief, and restitution against Defendant Car Aroma Supplies, Inc. (“Defendant”) alleging causes of action for: (1) violation of PAGA for failure to pay all wages including overtime; (2) violation of PAGA for failure to provide meal periods; (3) violation of PAGA for failure to provide rest periods; (4) violation of PAGA for failure to pay wages of terminated or resigned employees; (5) violation of PAGA for failure to provide accurate wage statements; and (6) violation of PAGA for failure to reimburse for necessary expenditures. On October 30, 2020, Defendant filed an Answer to the complaint.

On July 20, 2022, Plaintiff filed a motion for preliminary approval of class settlement. On August 11, 2022, after hearing and oral argument, the Court denied Plaintiff’s motion on the grounds that the complaint only set forth claims under the Private Attorneys General Act (“PAGA”) and no class action claims were asserted. The Court’s minute order denying the motion stated that Plaintiff sought the Court’s approval of a class settlement in a case in which no class action was asserted.

          On October 7, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”), which is a class action brought on of behalf of Plaintiff and the class he seeks to represent, alleging causes of action for: (1) failure to pay all wages including minimum and overtime wages; (2) failure to provide rest periods or compensation in lieu thereof; (3) failure to provide meal periods or compensation in lieu thereof; (4) failure to keep accurate payroll records; (5) failure to pay wages of terminated or resigned employees; (6) failure to reimburse for necessary expenditures; (7) Business and Professions Code §§ 17200 et seq.—unfair/unlawful business practices; and (8) violation of the California Labor Code Private Attorneys General Act.

          On October 10, 2022, Plaintiff filed a renewed notice of motion and motion for preliminary approval of class settlement for an order granting preliminary approval of the proposed class action settlement between Plaintiff and Defendant. On April 27, 2023, a hearing occurred on Plaintiff’s motion and the Court granted Plaintiff’s motion for preliminary approval of class settlement. The Court’s minute order states that “[p]rior to the final fairness hearing, Class Counsel must submit briefing and supporting declarations regarding a lodestar calculation of the attorney’s fees sought. The Court must determine that the attorney’s fees sought are reasonably related to the work performed before any fees are awarded.” Moreover, the Court ordered the class representative to “submit a declaration explaining why he should be compensated for the expense or risk incurred in conferring a benefit on other members of the class. The declaration must be specific enough in the form of quantification of time and effort expended on the litigation, and in the form of reasoned explanation of financial or other risks incurred by plaintiff for this Court to conclude that an enhancement award was necessary to induce plaintiff to participate in this lawsuit.”  

          The Court’s April 27, 2023 minute order provides that the motion for final approval documents, along with supporting documents, must be filed by September 6, 2023.  The Court’s minute order set the fairness hearing for September 28, 2023.

          The Court finds that Plaintiff has not submitted the required documents in order for the Court to proceed with the fairness hearing. No briefing or supporting declarations regarding the lodestar calculation of attorney’s fees sought has been filed. Moreover, the class representative has not submitted a declaration explaining why he should be compensated for the expense or risk incurred in conferring a benefit on other members of the class. The Court cannot proceed with ascertaining fairness until the aforementioned documents are provided to the Court.

In order for class counsel to comply with the instructions set forth in this Court’s April 27, 2023 minute order, the Court CONTINUES the final fairness hearing to Friday, October 27, 2023 at 9:30 a.m. in this department. The Court orders class counsel to file the required briefing and declarations with the Court by the close of business on Friday, October 20, 2023.