Judge: Randall J. Sherman, Case: 2019-01091001, Date: 2022-07-22 Tentative Ruling

Plaintiff’s Motion for Final Approval of Class Action Settlement and Motion for Attorneys’ Fees, Costs, Claims Administration Expenses, and Class Representative Service Award are granted, except that the court approves plaintiff’s attorneys’ fees only in the amount of $172,125 and awards an enhancement to plaintiff Nelida Espindola only in the amount of $5,000.  The court concludes that a reasonable attorney fee in this case is 30% of the gross settlement amount.  The class members had their average per-person recovery reduced by 18% due to the number of class members increasing from 488 when the case was settled to 596, and the reduction from the requested 33 1/3% to 30% still results in a generous multiplier of about 1.66, based on a lodestar of $103,880.  An enhancement award of $5,000 is sufficient and proper for a class and settlement of this size, and considering that plaintiff spent only about 20 hours on this case, which results in an enhancement payment of about $250 per hour.

The court concludes that the $573,750 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards:

• $172,125.00 to plaintiff’s counsel for plaintiff’s attorneys’ fees, reduced from the $191,250.00 requested;

• $14,485.51 to plaintiff’s counsel for plaintiff’s attorney costs, as requested;

• $5,000.00 to plaintiff Nelida Espindola as an enhancement award, reduced from the $7,500.00 requested;

• $13,000.00 to the Administrator, Simpluris, Inc., as requested; and

• $15,000.00 to the LWDA for 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 $354,139.49.

The court sets a Final Report Hearing for September 29, 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.