Judge: Lon F. Hurwitz, Case: 21-01235358, Date: 2023-08-25 Tentative Ruling

1. Motion for Approval of Class Settlement

2. Status Conference

Motion for Preliminary Approval of Class Action and PAGA Settlement

RULING:

This is a putative class and PAGA action involved alleged wage-and-hour violations. This is the second hearing on the Motion for Preliminary Approval of Class Action and PAGA Settlement. The previous hearing was continued so that Plaintiff could address issues identified by the Court.

The Court has reviewed the supplemental materials submitted by Plaintiff, and finds that, with the exception of the amount of the Class Representative Service Award, they satisfactorily address the identified concerns. Accordingly, the Motion for Preliminary Approval is GRANTED.

The Class Representative Service Award is reduced to $5,000.00. The Settlement Agreement, Proposed Order, and Class Notice must be revised to reflect this change.

The Motion for Final Approval will be heard on January 5, 2024, at 1:30 p.m. in Department CX103. All papers must be filed with the Court no later than fourteen (14) calendar days prior to the hearing.

At the Final Approval hearing, evidence of attorneys’ fees and actual litigation costs should be presented in the form of time records, or a summary of time spent on the substantive tasks, to enable the Court to evaluate the lodestar and costs claimed. Counsel should state by declaration whether time records were kept and created contemporaneously or otherwise. Counsel must also disclose whether there is a fee-splitting arrangement with other counsel, or confirm that none exists. (CRC Rule 3.769(b).)

Plaintiff to give notice, including to the LWDA, of this ruling, and file proof of service within five (5) calendar days of the date the Preliminary Approval Order is entered.

The Court does not require any physical or remote appearance at the hearing scheduled for August 25, 2023.

The Status Conference is Off Calendar.