Judge: Keri G. Katz, Case: 37-2018-00014364-CU-OE-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2018-00014364-CU-OE-CTL ANDERSON VS EQUINOX HOLDINGS INC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs' motion for final approval of class settlement and award of attorneys' fees, costs and service awards is GRANTED. Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, the court finds Plaintiffs meet their burden of showing that the settlement, in the gross monetary amount of $520,000.00 is fair, adequate and reasonable. See also, Wershba v. Apple Computer, Inc.

(2001) 91 Cal.App.4th 224.

The court finds the service awards (or 'class representative enhancement payments') requested are reasonable and approves Plaintiffs' request for a class representative service award to Plaintiffs Kevin Anderson and Cynthia Yzaguirre in the amount of $10,000.00 each ($20,000.00 total).

The court finds an award of attorney's fees of $208,000.00 proper under the percentage of common fund and lodestar cross-check analysis of Laffitte v. Robert Half Intern. Inc. (2016) 1 Cal.5th 480 and the authorities cited therein. The court finds costs not to exceed $30,000.00 reasonable. See, Serrano v. Priest (1977) 20 Cal.3d 25, 35. The court finds that settlement administrative costs not to exceed $30,000.00 reasonable and approves claims administration costs in this amount. These fees and costs will be deducted from the gross settlement amount of $520,000.00, and the remaining net settlement amount will be distributed to class members as specified in the 'Stipulation of Class Action Settlement and Release' attached to the final approval order and judgment.

The court signs the proposed final approval order and judgment.

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