Judge: Maurice A. Leiter, Case: 22STCV21484, Date: 2024-09-16 Tentative Ruling

Case Number: 22STCV21484    Hearing Date: September 16, 2024    Dept: 54

Hearing Date: September 16, 2024

Department 54, Judge Maurice A. Leiter

Motion for Preliminary Approval of PAGA Settlement and Class Certification

Moving Party: Plaintiff Mario Cabral

Responding Party: None

T/R:      THE MOTION IS GRANTED.

                PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

Plaintiff moves for an order granting preliminary approval of the proposed settlement of claims brought pursuant to the Private Attorneys general Act of 2004 (“PAGA”), Cal. Lab Code § 2698, et seq. and for class action certification. Pursuant to the proposed settlement, Defendant has agreed to pay $265,000.00 total, $15,000.00 of which is allocated for the representative PAGA claims. The settlement will be distributed as follows: (1) $88,333.33 in attorney’s fees and $15,000.00 in costs; (2) $11,250.00 to be paid to LWDA and $3,750.00 to be paid to the aggrieved employees; (3) $2,500.00 to the named Plaintiff; (4) $15,000.00 settlement administration fee; and (5) the remaining paid to individual class members according to the number of weeks worked during the class period.

Plaintiff also moves for conditional class certification. Plaintiff asserts that (1) the class is ascertainable via Defendant’s employment records; (2) the class is sufficiently numerous, consisting of approximately 97 individuals; (3) there are common questions of law and fact that apply to the class, including correct wage payments, adequate rest and meal breaks and indemnification of business costs; (4) Plaintiff is typical of the settlement class; (5) Plaintiff and Plaintiff’s counsel can adequately represent the class because counsel has extensively researched and negotiated this action and because counsel has significant experience in class actions; and (6) class certification is more efficient than individual claims. (See Decl. Messrelian.)

Based on the moving papers, the Court finds that the settlement is reasonable and meets the requirements of PAGA and class certification. Defendant has not opposed.

The motion is GRANTED.