Judge: Peter Wilson, Case: 2019-01117310, Date: 2022-09-29 Tentative Ruling

Having considered the papers, including all supplemental papers, filed in connection with the Motion for Preliminary Approval of $700,000 Class and PAGA Action Settlement, the Court continues to have the following concerns with the proposed Order:

1.            The attorney information should be removed from the caption page.

2.            Correct the numbering of the paragraphs. Number 2 is missing.

3.            The word “conditionally” should be inserted before “Court” and “designates” in paragraph 3, line 24.

4.            The Settlement, Class Notice and Dispute Form and any certified Spanish translations of the Class Notice and Dispute Form should be attached as exhibits to the proposed Order.

5.            The proposed Order should state the Court approves of the procedures for submitting disputes as well as for opting out and objecting. See proposed Order, ¶7.

6.            The proposed order should advise that 60 calendar days notice is provided for disputes and disputes must be submitted directly to the Settlement Administrator. The Settlement Administrator must also provide any disputes and accompanying documentation submitted with the Motion for Final Approval. Proposed Order, ¶10.

Plaintiff shall submit a revised proposed Order addressing the above issues within 5 court days. Should the revised proposed Order resolve these issues to the satisfaction of the Court, the Court will GRANT preliminary approval subject to the following:

$ 7,500.00 for Plaintiff’s enhancement (not to exceed);

$ 233,333.33 for attorney’s fees (not to exceed); 

$ 20,000.00 for litigation costs (not to exceed)

$ 12,500.00 for settlement administrator’s fees and costs (not to exceed); and

$ 37,500.00 for the LWDA’s share of the total $50,000 in PAGA penalties.

Plaintiff is ordered to give notice, including to the LWDA, and file a proof of service with 5 court days.