Judge: Loren G. Freestone, Case: 37-2022-00048696-CU-OE-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 21, 2024

03/22/2024  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) 37-2022-00048696-CU-OE-CTL COLES VS CAREFUSION RESOURCES LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

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

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 - $1,950,000 - Attorney Fees - $650,000 - Costs - $15,728.31 - Service Award - $7,500 - Administration - $17,000 - LWDA Payment - $63,750 - Employee Payment - $1,196,021.69 (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.

Coles submitted a proposed order. Upon review, revisions are necessary.

First, paragraph 3 indicates that only four class members requested exclusion. However, the declaration from the claims administrator indicates that five class members requested exclusion. Paragraph 3 must therefore be updated to include the fifth class member who requested exclusion, Daphne Joya De Goutiere.

Second, paragraph 6 indicates that the class period ends November 15, 2023. However, the preliminary approval order fixes the end of the class period on October 20, 2023 (the date of preliminary approval, which is consistent with the terms of the settlement). Apex apparently did not use either of those dates when administering the settlement and instead inserted October 23, 2023 as the end date when finalizing the class notice. Under the circumstances, final approval should be consistent with the date Calendar No.: Event ID:  TENTATIVE RULINGS

3040756  56 CASE NUMBER: CASE TITLE:  COLES VS CAREFUSION RESOURCES LLC [IMAGED]  37-2022-00048696-CU-OE-CTL utilized by Apex in administering the settlement and notifying the class. Paragraph 6 must therefore be updated to fix the class period end date on October 23, 2023.

Third, paragraph 17 indicates that Coles is receiving a $10,000 service award. However, the settlement limits the award to $7,500, which is what the court preliminarily approved and what was stated in the class notice. Paragraph 17 shall therefore be updated to reduce the service award to $7,500.

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

3040756  56