Judge Marcella O. Mclaughlin, Case 37-2021-00052766-CU-OE-CTL 2023-12-15 Tentative Ruling

Judge: Marcella O. Mclaughlin, Case: 37-2021-00052766-CU-OE-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023 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) 37-2021-00052766-CU-OE-CTL TADENA-CHUA VS ACUMEN FISCAL AGENT LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 11/17/2023

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

A. The court finds that the settlement is fair, reasonable, and adequate. However, in light of the issues identified below, the court is unable to grant final approval of the settlement at this time.

B. The litigation costs of $13,092.89, payable to class counsel, and the claims administration costs of $12,000, 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 ($25,000 and $15,000, respectively). The costs are therefore approved.

C. The proposed the service award of $5,000 to plaintiff is reasonable and approved.

D. Finally, the attorneys' fees proposal of $66,660 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. However, in granting preliminary approval, the court specifically instructed counsel to 'submit declarations establishing their hours and hourly rate[.]' ROA 89 at p. 3. This did not occur. Plaintiff's counsel provided the hourly rates of its attorneys, but not the hours worked. (See Ferraro Decl., ¶ 10.) Absent this critical information, the court is unable to perform a 'cross-check' to determine whether the requested fees are reasonable under a lodestar analysis. Thus, the request for $66,660 in attorneys' fees is denied, and the settlement is not approved.

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