Judge Marcella O. Mclaughlin, Case 37-2022-00021991-CU-OE-CTL 2023-11-17 Tentative Ruling

Judge: Marcella O. Mclaughlin, Case: 37-2022-00021991-CU-OE-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 16, 2023

11/17/2023 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) 37-2022-00021991-CU-OE-CTL SANTIAGO VS SOUTHWEST KEY PROGRAM INC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 06/29/2023

The unopposed motion for final approval of class action 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 $14,312.42, payable to class counsel, and the settlement administration costs of $9,000, payable to Phoenix, are reasonable for a case of this type. Moreover, the litigation costs are significantly less than the amount originally requested in the preliminary approval papers ($24,000). The costs are therefore approved.

C. The proposed the service awards ($5,000 to each plaintiff) are reasonable and approved.

D. 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 220 hours. (Ferraro Decl., ¶ 9.) This results in a blended hourly rate of approximately $530.20 ($116,655 divided by 220), which is reasonable for similar work in San Diego County during the relevant time period. See Cordero-Sacks v. Housing Authority of City of Los Angeles (2011) 200 Cal.App.4th 1267, 1286 ('The trial court is in the best position to determine the reasonableness of the hourly rate of an attorney appearing before the court and the value of the attorney's professional services.'). The requested fee award of $116,655 is therefore approved.

E. The court will sign the proposed order (ROA 61) submitted with the moving papers.

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