Judge: Marcella O. Mclaughlin, Case: 37-2022-00049034-CU-OE-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  09:30:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00049034-CU-OE-CTL BLANDI VS FRANCESCA RESTAURANT LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 06/05/2024

The unopposed motion for final approval of class and representative 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 $12,917.37, payable to class counsel, and the claims administration costs of $8,500, payable to Apex Class Action, are reasonable for a case of this type. Moreover, the litigation costs awarded are significantly less than the amount originally estimated in the preliminary approval papers ($30,000). Thus, the requested litigation and claims administration costs are approved.

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

D. Finally, the attorneys' fees proposal of $122,500 represents thirty-five percent (35%) 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 494.5 hours on this matter. (Bibiyan Decl., ¶ 15.) This results in a blended hourly rate of approximately $247.72 ($122,500 divided by 494.5), which is eminently 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 $264,900 (using counsel's much higher design hourly rates). (See id.) Accepting for these purposes the validity of the design hourly rates, 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 $122,500 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.').

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3093696  36 CASE NUMBER: CASE TITLE:  BLANDI VS FRANCESCA RESTAURANT LLC [E-FILE]  37-2022-00049034-CU-OE-CTL E. The court will sign the proposed order (ROA 54) and proposed judgment (ROA 55) submitted with the moving papers.

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3093696  36