Judge: Randall J. Sherman, Case: 2019-01050427, Date: 2022-09-30 Tentative Ruling

Plaintiff’s Motion for Final Approval of Class Action Settlement, Attorneys’ Fees, Costs and Enhancement is granted, except that the court approves plaintiff’s attorneys’ fees only in the amount of $73,000, and approves plaintiff’s attorney costs only in the amount of $12,569.39, the amount backed up with support in the moving papers.  The court concludes that a reasonable attorney fee in this case is 25% of the gross settlement amount.  The number of class members increased by 40% after the case was settled, from 85 to 119, and although the gross settlement amount was increased by $12,000 and plaintiff’s counsel agreed to reduce their fee request by $12,000, the average per person recovery still has been substantially reduced by virtue of the large increase in the number of class members.  Moreover, counsel’s lodestar fees are only about $47,000, and a $73,000 fee award still results in a generous multiplier of about 1.55.

The court concludes that the $292,000 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards:

• $73,000 to plaintiff’s counsel for plaintiff’s attorneys’ fees, reduced from the $81,333.33 requested;

• $12,569.39 to plaintiff’s counsel for plaintiff’s attorney costs, reduced from the $12,646.35 requested;

• $5,000.00 to plaintiff Rudy Trujillo as an enhancement award, as requested;

• $6,000.00 to the Administrator, Phoenix Settlement Administrators, as requested; and

• $1,750.00 to the LWDA as its share of PAGA penalties, as requested.

The total amount that will be payable to all class members and aggrieved employees if they are paid the amount to which they are entitled pursuant to the judgment is $193,680.61.

The court sets a Final Report Hearing for June 30, 2023 at 10:00 a.m., to confirm that distribution efforts are fully completed, including the distribution of uncashed class member checks to the State Controller’s Office Unclaimed Property Fund in the names of the applicable payees after 180 days, that the Administrator’s work is complete, and that the court’s file thus may be closed.  The parties must report to the court the total amount that was actually paid to the class members.  All supporting papers must be filed at least 16 days before the Final Report Hearing date.

Plaintiff is ordered to give notice of the ruling to the LWDA and to defendant.