Judge: Loren G. Freestone, Case: 37-2021-00042702-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  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) 37-2021-00042702-CU-OE-CTL VAZQUEZ VS ST MAR 2.0 INCORPORATED [E-FILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Jose Vazquez's motion for final approval 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 request for 33% of the gross settlement in attorney fees is unreasonable in this case. The court conducted a lodestar cross-check. (See generally Laffitte v. Robert Half Int'l Inc. (2016) 1 Cal.5th 480.) 'If the multiplier calculated by means of a lodestar cross-check is extraordinarily high or low, the trial court should consider whether the percentage used should be adjusted so as to bring the imputed multiplier within a justifiable range.' (Id. at p. 505.) Here Vazquez's attorneys are seeking $750,000, which is essentially their claimed lodestar ($229,597.25) with a 3.27 multiplier. That is an extremely high multiplier given the work claimed. The total hours claimed for the base lodestar (420.11) appears excessive considering the relatively limited scope of work performed to mediation where the case settled. Also, the base hourly rates (up to $725/hr) already appear to account for many of the factors typically utilized to justify a high multiplier. Having taken everything into account, the court finds a fee award totaling 25% of the gross settlement (i.e., the claimed lodestar with a 2.45 multiplier) to be reasonable.

The court has also reviewed the claimed costs. Vazquez does not explain the nature of the $750 'Admin fee', or the $42.95 and $183 costs for 'Ace'. Absent sufficient evidence demonstrating the reasonable necessity of these costs, the court declines to award them.

Accordingly, final approval is given to the following breakdown: - Gross Settlement - $2,250,000 - Attorney Fees - $562,500 - Costs - $14,212.44 - Service Award - $7,500 - Administration - $19,500 - LWDA Payment - $75,000 Calendar No.: Event ID:  TENTATIVE RULINGS

2966532  36 CASE NUMBER: CASE TITLE:  VAZQUEZ VS ST MAR 2.0 INCORPORATED [E-FILE]  37-2021-00042702-CU-OE-CTL - Employee Payment - $1,571,287.56 (inclusive of both class payment and PAGA payment) Payments to class members, including those who also constitute aggrieved employees, shall be made in accordance with the terms of the settlement agreement.

Vazquez shall revise the proposed order/judgment consistent with the above. Vazquez shall thereafter submit the signed copy to the LWDA within 10 days. (Lab. Code, § 2699, subd. (l)(3).) Calendar No.: Event ID:  TENTATIVE RULINGS

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