Judge: Marcella O. Mclaughlin, Case: 37-2021-00046218-CU-OE-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2021-00046218-CU-OE-CTL PAYABYAB VS BRIDGE HOSPICE LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 11/14/2023

The unopposed motion for final approval of class action and PAGA settlement is GRANTED.

A. As an initial matter, the court notes that the supporting memorandum of points and authorities is 21 pages long. This exceeds the page limits set forth in CRC 3.1113(d) and 3.764(c)(2). Although plaintiffs did not seek permission to file a longer memorandum (CRC 3.1113(e)), the court exercises its discretion and will consider the entire document. See CRC 3.1113(g), 3.1300(d). Going forward, however, plaintiffs are directed to comply with the applicable page limit requirements.

B. Turning to the merits, the court finds that the settlement is fair, reasonable, and adequate.

Accordingly, the court approves the parties' proposed settlement.

C. The litigation costs of $12,523.75, payable to class counsel, and the claims administration costs of $6,750, payable to CPT Group, are reasonable for a case of this type. Moreover, the costs awarded are less than the amounts originally estimated in the preliminary approval papers ($15,000 and $8,000, respectively). The costs are therefore approved.

D. The proposed the service awards of $5,000 to each plaintiff are reasonable and approved.

E. Finally, the attorneys' fees proposal of $116,655 represents one-third of the gross settlement fund.

This is not out of line with class action fee awards calculated using the percentage-of-the-benefit method. See Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 66 fn. 11. In addition, upon performing a 'cross-check' using the lodestar method, the court finds that the requested attorneys' fees are reasonable.

According to the declaration of class counsel, the attorneys assigned to this matter billed a total of 216.1 hours. (Marquez Decl., ¶¶ 37-38.) This results in a blended hourly rate of approximately $470.46 ($101,666.67 divided by 216.1), which is reasonable for similar work in San Diego County during the relevant time period. The requested fee award is also less than counsel's theoretical lodestar of $154,590 (using their design hourly rates, which are much higher than the one calculated by the court immediately above). (See Marquez Supp. Decl. ¶¶ 2-3.) Accepting for these purposes the validity of the blended design rate, the requested fees represent, in effect, a negative multiplier. In sum, based on the evidence submitted with the moving papers, the court finds that the requested fee award of $116,655 is reasonable under the circumstances and is hereby approved. See Nemecek & Cole v. Horn (2012) 208 Cal.App.4th 641, 651 ('The amount to be awarded as attorney fees is left to the sound discretion of the trial court, which is in the best position to evaluate the services rendered by an attorney in his Calendar No.: Event ID:  TENTATIVE RULINGS

3036996  40 CASE NUMBER: CASE TITLE:  PAYABYAB VS BRIDGE HOSPICE LLC [E-FILE]  37-2021-00046218-CU-OE-CTL courtroom.'); see also 569 East County Boulevard, LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 436-37 ('In making its [lodestar] calculation, the court may rely on its own knowledge and familiarity with the legal market, as well as the experience, skill, and reputation of the attorney requesting fees.').

F. The court will sign the proposed order (ROA 80) submitted with the moving papers.

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