Judge: Loren G. Freestone, Case: 37-2022-00048165-CU-OE-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  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) 37-2022-00048165-CU-OE-CTL ALEXANDRIA VS AMTRUST FINANCIAL SERVICES INC [EFILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Jorge Alexandria'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 court finds the requested service award excessive. The court will approve a service award of $10,000.

Accordingly, final approval is given to the following breakdown: - Gross Settlement - $285,070 - Attorney Fees - $95,023.33 - Costs - $15,971.81 - Service Award - $10,000 - Administration - $9,500 - LWDA Payment - $7,500 - Employee Payment - $147,074.86 (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.

The following class members are excluded from the non-PAGA aspect of the settlement: Agnes Earls, Carras Paton, Diana Aguirre, Gail Henderson, Maria Theresa Lanuza Contreras, Maureen McGrory, Rhonda M. Eckroth, Serena Kuo, Sheila McNiff Fretz, and Valerie Jean Wilcox.

Alexandria shall revise the proposed order consistent with the above. Alexandria 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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