Judge: Loren G. Freestone, Case: 37-2020-00015368-CU-OE-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2020-00015368-CU-OE-CTL SALAS GURROLA VS ELLIOTT AUTO SUPPLY CO INC [E-FILED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Amelia Gurrola's unopposed motion for final approval of class action and PAGA settlement is GRANTED as set forth below.

The class settlement is generally 'fair, adequate, and reasonable.' (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The PAGA portion of the settlement is also generally 'fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.' (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) However, the court finds the request for $9,001.97 for 'filing, service, and messenger fees' to be excessive and unsupported.

Accordingly, final approval is given to the following breakdown: - Gross Settlement - $2,550,000 - Attorney Fees - $850,000 - Costs - $35,355.89 - Service Award - $7,500 - Administration - $15,950 - LWDA Payment - $60,000 - Employee Payment - $1,581,194.11 (inclusive of both class payment and PAGA payment) Payments to class members/aggrieved employees shall be made in accordance with the terms of the settlement agreement.

Gurrola shall modify the proposed order to (1) reduce the costs awarded in Paragraph 12 to $35,355.89, and (2) include the names of the two individuals who requested exclusion in Paragraph 16.

Gurrola shall submit the signed order to the LWDA within 10 days. (Lab. Code, § 2699, subd. (l)(3).) Calendar No.: Event ID:  TENTATIVE RULINGS

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