Judge: Marcella O. Mclaughlin, Case: 37-2022-00001960-CU-OE-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  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) 37-2022-00001960-CU-OE-CTL BERGARA VS BREAD & CIE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 12/19/2023

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

A. The court finds that the settlement is fair, reasonable, and adequate. Accordingly, the court approves the parties' proposed settlement.

B. The litigation costs of $3,137.54, payable to class counsel, and the claims administration costs of $13,500, payable to CPT Group, are reasonable for a case of this type. Moreover, the court notes that both costs are less than the amounts originally estimated in the preliminary approval papers ($10,000 and $15,000, respectively). The costs are therefore approved.

C. The proposed the service award of $7,500 to plaintiff is reasonable under the circumstances and is hereby approved.

D. Finally, the attorneys' fees proposal of $133,333.33 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. See Laffitte v. Robert Half Internat. Inc. (2016) 1 Cal.5th 480, 503-06.

According to class counsel, the attorneys assigned to this matter billed a total of 323.4 hours. (Han Decl., ¶ 10.) This results in a blended hourly rate of approximately $412.29 ($133,333.33 divided by 323.4), 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 $243,260 (using their much higher design hourly rates). (See id. at ¶ 11.) 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 $133,333.33 is reasonable under the circumstances and 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 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.').

Calendar No.: Event ID:  TENTATIVE RULINGS

3037013  48 CASE NUMBER: CASE TITLE:  BERGARA VS BREAD & CIE INC [IMAGED]  37-2022-00001960-CU-OE-CTL E. The court will sign the proposed order (ROA 103) submitted with the moving papers.

Calendar No.: Event ID:  TENTATIVE RULINGS

3037013  48