Judge: Peter Wilson, Case: 2020-01175159, Date: 2022-10-06 Tentative Ruling

Having considered the papers, including all supplemental papers filed, in connection with the Motion for Preliminary Approval of $500,000 Class and PAGA Action Settlement, the Court has identified following additional issues:

1.    The bid from Atticus Administration, LLC is $10,800 (ROA 70, Ex. C), and there is no explanation why the preliminary approved amount should be any greater than the bid.

2.    In the Class Notice, the court’s website has been provided but instructions on how to access the documents from the website have not been provided. Amendment, ¶18, p. 8.

3.    The Request for Exclusion should contain language explaining what submitting the exclusion means, i.e. that the Class Member will not receive any portion of the class settlement, is not releasing any of the class claims and will retain the right to sue Defendant on his or her own behalf, and that the exclusion does not apply to the PAGA settlement, which is effective whether or not the individual cashes the check for the individual PAGA payment.

4.    In paragraph 1 of the proposed Order, the first sentence should be revised to state: “The Court preliminarily approves the Settlement memorialized in the Parties’ Stipulation of Class Action and PAGA Settlement and Release, as modified by the Amendment to the Stipulation, which together, are attached here as Exhibit A.”

5.    In paragraph 7 of the proposed Order, insert “(not to exceed)” between “$166,667” and “subject”.

6.    In paragraph 8 of the proposed Order, insert “(not to exceed)” between “$20,000” and “subject”.

7.    In paragraph 9 of the proposed Order, insert “(not to exceed)” between “$10,000” and “subject”.

8.    In paragraph 10 of the proposed Order, insert “(not to exceed)” between $12,000” and “to be paid”.

Plaintiff is ordered to submit a redlined revised Class Notice and redlined proposed Order addressing the issues above, along with clean versions and exhibits to the proposed Order within 5 days. If these issues are 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);

$ 166,667.00 for attorney’s fees (not to exceed);

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

$ 10,800.00 for settlement administrator’s fees and costs (not to exceed); 

$ 18,750.00 for the LWDA share of PAGA penalties ($25,000 total for PAGA penalties).

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