Judge: Peter Wilson, Case: 2021-01202559, Date: 2022-08-04 Tentative Ruling

Having reviewed the papers, including all supplemental papers, filed in connection with the Motion for Approval of $6,800 PAGA Settlement, the Court continues to have concerns about the following issues:

1.    The title of the caption page on the proposed order should identify it as an Order (not “Judgment”), as the case will be dismissed, assuming full compliance with the settlement, after the final accounting hearing.

2.    Paragraph 9(1) of the proposed Order should include the allocation between attorney fees and costs so the amount due for each is clear, and also because the costs are due to Irmas Law APC and the fees are due to Irmas Law APC and Moss Bollinger LLP to be divided in accordance with their agreement.

3.    In paragraph 9(4), insert “for PAGA penalties” after $1,300.00 and delete the phrase “which represents one hundred percent (100%) … upon their separation from employment,”.

4.    The Court recognizes that Plaintiff entered into a Confidential Settlement Agreement on her individual claims, and therefore, did not want to disclose the amount she received or will receive. The Court requires this information, which it is prepared to review in camera, to fully evaluate Plaintiff’s request for an enhancement. The Court also notes that Plaintiff did not state how much time she spent on this action versus her individual claims.

Should these issues be resolved to the satisfaction of this Court at the hearing on this matter, the Court is inclined to GRANT the Motion subject to the following:

Plaintiff’s Enhancement Payment to be determined based on information provided at the hearing;

$ 2,089.00 for Attorney fees to Irmas Law APC and Moss Bollinger LLP to be allocated between them per their agreement;

$ 1,776.00 for litigation costs to Irmas Law APC;

$ 695.00 for Settlement Administrator’s Fees and Costs; and

$ 1,990.00 for PAGA penalties with $1,492.50.00 allocated to the LWDA (75%) and $ 497.50 to the aggrieved employees.

Plaintiff is ordered to give notice, including to the LWDA.