Judge: Peter Wilson, Case: 2020-01144794, Date: 2022-08-04 Tentative Ruling

Having reviewed and considered the papers, including all supplemental papers, filed in connection with the Motion for Approval of $850,000 Class and PAGA Settlement, the parties should be prepared to discuss the following issues at the hearing:


1. The Supplemental Davis Declaration states there are 74 putative class members but does not explain why the initial declaration indicated there were 75 former employees or 99 employees during the 1-year time period employees were eligible for wage statement violations. See ROA 386, Davis Decl., ¶55 and 57. Additionally, the moving papers and supplemental papers provide different estimated amounts, without explanation, for the damages for the wage statements claim. Compare ROA 386, Davis Decl., ¶57 [$317,350 for wage statements damages] and ROA 412, Supp. Davis Decl., ¶3 [$296,000 for wage statements damages].


2. The tax treatment of the PAGA payment is not clearly set forth in the Settlement and Class Notice. The Settlement refers to “Payment to the Settlement Class Members”, which appears to mean Individual Settlement Payment, not the Individual PAGA Payment and there is no express reference to the Individual PAGA Payment. Settlement, p. 19:1-5. The revised Class Notice also refers to the “Individual Settlement Payment” and then allocates 40% to penalties “(statutory and PAGA)”, but again, does not expressly reference the Individual PAGA Payment or state that 100% of the Individual PAGA Payment is characterized as penalties.


3. December 27, 2022, the proposed date for the Final Approval hearing is a Tuesday. Final Approval hearings are held on Thursdays at 2:00 p.m. in this department.


4. The proposed Order should state the Court has “preliminarily approved” the “not to exceed” amounts, with a final determination to be made at final approval. See ROA 408, Proposed Order, ¶¶15-18.


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


$ 15,000.00 total for Plaintiffs’ Enhancement (not to exceed $5,000 for each);

$ 283,333.33 total for attorney’s fees (not to exceed);

$ 30,000.00 total for litigation costs (not to exceed);

$ 7,000.00 for Settlement Administrator’s fees and costs (not to exceed); and

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


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