Judge: Peter Wilson, Case: 2022-01244331, Date: 2023-08-10 Tentative Ruling

Plaintiff’s motion for approval of PAGA settlement is CONTINUED to September 28, 2023 at 2:00 p.m. in Department CX101 to permit the parties to respond to the following items of concern.   Any supplemental briefing shall be filed no later than 10 court days in advance of the hearing.  Any revised papers must be accompanied by redline versions showing all changes, deletions, and additions.  In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. The papers must comply with the California Rules of Court. Notably, the Bokhour declaration was not electronically bookmarked, in violation of the CRC, Rule 3.1110(f)(4).

1.            What is the anticipated impact of settlement of this action on the related action, Paul J. Walker v. Lin R. Rogers Electrical Contractors, Inc., et al. Orange County Superior Court 30-2022-01271816-CU-OE-CXC?

2.            What is the actual number of pay periods through the end of the PAGA Period (April 9, 2023)? Has the escalator provision been triggered?

3.            Please submit sufficient attorney billing records for lodestar cross-check purposes.

4.            Plaintiff obtained a $10,000 settlement of his individual claims. (Bokhour Decl. Ex. C.) However, it is unclear what viable individual claims Plaintiff had and accordingly why $10,000 of the gross amount agreed to be paid by Defendant in the PAGA action should be allocated to the settlement of the alleged unidentified individual claims. It is not apparent from Plaintiff's own declaration that he understands that he is receiving $10,000 for the individual settlement, as he references that sum in relation to his requested enhancement. (Heatley Decl. para. 12.)

5.            Also regarding the individual settlement, Counsel is to receive $1,500 in fees as part of the individual settlement. (Bokhour Decl. Ex. C ¶ 2.) Why is this amount not included in the reasonableness analysis of attorney’s fees to be paid directly from the GSA?

6.            Counsel has failed to provide a proposed notice to aggrieved employees. The notice must contain a description of the litigation, a description of the release applicable to aggrieved employees, and information about how uncashed checks will be handled. Additionally, should notice be given in any languages other than English?

7.            Counsel’s distribution calculations appear incorrect based on the difference between the maximum 33.33% of attorney’s fees provided in the Settlement and counsel’s calculation of 1/3 of the GSA.

8.            Please provide a quote or invoice for proposed administrator ILYM, Inc.’s services.

Plaintiff to give notice, as indicated in the first paragraph hereof.