Judge: Keri G. Katz, Case: 37-2021-00023535-CU-OE-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  08:25:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2021-00023535-CU-OE-CTL NUNEZ VS INTERSTATE MANAGEMENT COMPANY LLC [IMAGED] 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 $2,920,000.00 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 Guillermo Nunez and Eriberto Aquino in the amount of $10,000.00 each ($20,000.00 total). The court finds an award of attorney's fees of $973,333.33 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 $37,019.79 reasonable. See, Serrano v. Priest (1977) 20 Cal.3d 25, 35. The court awards Plaintiffs attorneys' fees of $973,333.33 and costs of $37,019.79. The court finds administrative costs of $44,750.00 reasonable and approves claims administration costs in this amount. The court approves the Private Attorney General Act (PAGA) settlement amount of $60,000.00 ($45,000.00 to be paid to the California Labor and Workforce Development Agency and $15,000.00 to be distributed to the Aggrieved Employees).

The court modifies and signs the proposed final approval order and judgment.

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