Judge: Loren G. Freestone, Case: 37-2022-00042973-CU-OE-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 04, 2024

04/05/2024  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) 37-2022-00042973-CU-OE-CTL TIJERO VS IMPERIAL BEACH COMMUNITY CLINIC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiffs Elizabeth Tijero and Yanira Tijero'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, Plaintiffs' request for a $20,000 service award-$10,000 each-is unreasonable. Plaintiffs have not explained how the class benefitted by having two named plaintiffs. Under the circumstances, Plaintiffs should split a $10,000 service award-$5,000 each.

Accordingly, final approval is given to the following breakdown: - Gross Settlement - $450,000 - Attorney Fees - $149,985 - Costs - $14,066.55 - Service Award - $10,000 ($5,000 to each named plaintiff) - Administration - $8,250 - LWDA Payment - $7,500 - Employee Payment - $260,198.45 (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.

Plaintiffs are directed to revise the proposed order to reflect the reduced service award.

Once signed, Plaintiffs 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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