Judge: Keri G. Katz, Case: 37-2019-00011705-CU-OE-CTL, Date: 2023-09-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 20, 2023

09/21/2023  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) 37-2019-00011705-CU-OE-CTL NATHAN VS OS RESTAURANT SERVICES LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs' motion for final approval of class and PAGA (Private Attorneys General Act) action settlement is GRANTED. Plaintiffs' motion for attorney's fees and costs 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 $450,000.00 is fair, adequate and reasonable. See also, Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224. The court finds the service awards requested reasonable and approves Plaintiffs' request for a class representative service award to Plaintiff Nikki Nathan in the amount of $6,000.00, to Plaintiff Cesar Cabiedes in the amount of $5,000.00 and to Plaintiffs Elizabeth Sutherlin and Luke Schneider in the amount of $3,000.00 each (total $17,000.00). The court finds an award of attorney's fees of $150,000.00 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 of $30,000.00 reasonable.

See, Serrano v. Priest (1977) 20 Cal.3d 25, 35. The court awards Plaintiffs attorneys' fees of $150,000.00 and costs of $30,000.00. The court finds administrative costs of up to $14,000.00 reasonable and approves claims administration costs in this amount. The court approves the Private Attorney General Act (PAGA) settlement amount of $10,000.00 ($7,500.00 to be paid to the California Labor and Workforce Development Agency and $2,500.00 to be distributed to the Aggrieved Employees).

The court signs the proposed order and judgment.

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