Judge: Matthew C. Braner, Case: 37-2022-00042665-CU-OE-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  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) 37-2022-00042665-CU-OE-CTL GONZALEZ VS THE TORO COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Jvonn Gonzalez'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 $491,666.66 in attorney fees, costs 'up to' $20,000, and for a $10,000.00 incentive award. 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 fee request is reasonable. As to the costs, the court will award only the amount actually incurred as of the filing of the motion, which according to Plaintiff's counsel, is $14,424.51.

Plaintiff's request for payment of $10,000 to Apex Class Action, LLC, the Settlement Administrator, is reasonable and within the parameters defined by the settlement agreement. Accordingly, this payment is approved.

Plaintiff's counsel's request for $491,666.66 in fees is granted and counsel is awarded $14,424.51 in costs. Plaintiff's request for a $10,000.00 incentive awards is also granted.

The proposed order and proposed judgment included with Plaintiff's motion require revisions before they can be signed by the court. Paragraph 9(i) of the proposed judgment needs to reflect the actual amount of fees and costs awarded, which is less than $511,666.66. Similar revisions must be made to paragraph 10 and section II.5 of the proposed order. Paragraph 9(iv) of the proposed judgment also needs to be reworded so that it clarifies the PAGA settlement amount is $100,000, and 75% of that amount ($75,000) will go to the LWDA.

The court will sign the revised orders upon receipt after the tentative ruling is confirmed.

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