Judge: Mark A. Young, Case: 20STCV21894, Date: 2023-02-09 Tentative Ruling

Case Number: 20STCV21894    Hearing Date: February 9, 2023    Dept: M

LEGAL STANDARD

“The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699(l)(2); Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602, 615.)

Labor Code section 2699(i) requires that in an action brought under the Private Attorneys General Act, “civil penalties recovered by aggrieved employees shall be distributed as follows: ¿75 percent to the Labor and Workforce Development Agency for enforcement of labor laws, . . . and 25 percent to the aggrieved employees.” 

ANALYSIS

            Plaintiff’s counsel states that she submitted the proposed settlement to the Labor and Workforce Development Agency (“LWDA”) on December 23, 2022. (See Quintilone Decl. ¶ 27.) Plaintiff has complied with Labor Code section 2699(l)(2). 

            The Court has reviewed the proposed settlement and concludes that the settlement is fair, adequate and reasonable.  The gross settlement is $250,000, with $131,666.67 remaining after fees.  The agreements calls for 75% of that amount ($98,750.00) to be allocated to the LWDA PAGA Payment and 25% ($32,916.67) allocated to the aggrieved employees. There are apparently 100 aggrieved employees, with an average pro rata payment of $329.17. There are costs of $10,823.36, plus PAGA administration costs with a cap of $10,000.00. The agreement calls for allocating $10,000 to the Plaintiff, which the Court further concludes to be reasonable. 

            Therefore, the motion to approve the PAGA settlement is GRANTED and the Court shall sign the proposed order.