Judge: Peter Wilson, Case: 2013-00649345, Date: 2023-08-17 Tentative Ruling

Having considered the papers, including all supplemental papers, filed in connection with the Motion for Preliminary Approval of $609,000.00 Class Action Settlement, the parties should be prepared to address the following:

1.    What is the hourly rate for Ross Feinberg’s services?

2.    Confirm that the Class Notices, Request for Exclusion Form and Prior Owner Verification / Re-Pipe Form do not need to be translated to another language.

3.    The parties need to choose a date for the Final Approval hearing.

Should these issues be resolved to the Court’s satisfaction, the Court will GRANT the Motion subject to the following:

$ 10,000.00 for Plaintiff’s Enhancement (not to exceed); 

$ $203,000.00 for Attorney’s Fees (not to exceed 1/3 of the gross settlement amount);

$ 40,000.00 for Litigation costs (not to exceed); and

$ 15,000.00 for the Settlement Administrator’s Fees and Costs (not to exceed).

The Motion for Final Approval should include the following:

1.    Plaintiffs must present a full report to the Court on all exclusions, objections and disputes received. The Court will consider any objections at the final approval hearing. 

2.    The Court has wide discretion on assessing the reasonableness of fees, including basing fees on the percentage of fund method, conducting a lodestar cross-check on a percentage fee, or foregoing a lodestar cross-check and using other means to evaluate the reasonableness of a requested percentage fee. (Laffitte v. Robert Half Intern. Inc. (2016) 1 Cal.5th 480, 506.) However, the parties must include sufficient information in the Motion for Final Approval to permit the Court to conduct a lodestar cross-check, such as billing records in support of fees and documentation of costs.

3.    Plaintiffs’ counsel must disclose whether they have any fee-splitting arrangement with any other counsel, or confirm none exist. (Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler (2012) 212 Cal.App.4th 172, 184; Cal. R. Ct. Rule 3.769(b).)   

4.    In order for the Court to determine the appropriate amount of Plaintiffs’ enhancement at final approval, Plaintiffs should submit declarations addressing the factors set forth in Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251, 1272 and Clark v. Am. Residential Servs. LLC (2009) 175 Cal.App.4th 785, 804, including an estimate of the hours spent on this litigation.

5.    The names of all individuals who previously opted out after the February 2023 Class Notice and who opt out after this Class Notice is provided must be identified and included in the Final Approval Order.

Plaintiffs are ordered to give notice.

The status conference is off calendar.