Judge: Matthew C. Braner, Case: 37-2022-00006720-CU-OE-CTL, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 07, 2023

09/08/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00006720-CU-OE-CTL XOLA VS FULL PACKAGE DELIVERY LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Kashu Xola's unopposed motion for final approval of class action settlement is GRANTED. The settlement terms are fair and in compliance with the requirements of Dunk v. Ford Motor Co. (1996) 48 Cal. App. 4th 1794, 1800-1801.

Plaintiff also requests $95,763.33 in attorney fees, $7,222.58 in costs, and for a $20,000.00 incentive award to Plaintiff. Based on experience with the southern California legal markets, including Los Angeles and San Diego, and the evidence submitted in the moving papers, the Court concludes the requests for fees and costs are reasonable, but the amount of the service award is not. As the court reminded Plaintiff at the preliminary hearing, there is no statutory authority for such awards, and a $20,000 request is very high; requests typically range from $5,000 to $10,000, with $10,000 being on the high end.

Plaintiff has failed to present any compelling reason to expand the award so dramatically. Consequently, the court will reduce the award to $10,000.

Plaintiff's request for payment of $6,960.34 to CAC Services Group, the Settlement Administrator, is reasonable and within the parameters defined by the settlement agreement. Accordingly, this payment is approved.

Plaintiffs' counsel's request for $95,763.33 in attorney fees and $7,222.58 in costs is granted. Plaintiff's request for a $20,000.00 incentive award is denied in part, but granted as to $10,000.

Plaintiff is instructed to provide a revised proposed order that reflects the lower incentive award. The court will sign the revised proposed order after the tentative order is confirmed and the new proposed order is provided to the court.

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