Judge: Loren G. Freestone, Case: 37-2021-00010314-CU-OE-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  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) 37-2021-00010314-CU-OE-CTL LUPERCIO VS WESTERN CNC INC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Daniel Lupercio's unopposed motion for final approval of class action and PAGA settlement is GRANTED.

The class settlement is 'fair, adequate, and reasonable.' (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) The PAGA portion of the settlement is also '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.) Accordingly, final approval is given to the following breakdown: - Gross Settlement - $1,000,000 - Attorney Fees - $333,333.33 - Costs - $31,413.32 - Service Award - $15,000 - Administration - $16,380 - LWDA Payment - $37,500 - Employee Payment - $566,373.35 (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.

Lupercio 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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