Judge: Randall J. Sherman, Case: 2019-01112982, Date: 2023-07-28 Tentative Ruling

Plaintiffs’ Motion for Final Approval of Class Action Settlement is granted, except that the court approves plaintiffs’ attorneys’ fees only in the amount of $297,839.41 and awards enhancements to plaintiffs Fernando R. Chavez and Avelino Morales only in the amounts of $5,000 each.  The court concludes that a reasonable attorney fee in this case is 33 1/3% of the $900,000 gross settlement amount minus the $6,481.77 deduction for the employer’s share of payroll taxes, which the court does not consider to be part of the common fund on which plaintiffs’ attorneys’ fees should be calculated.  This fee award still results in a generous multiplier of about 1.47.  The court further concludes that total enhancements of $10,000 are sufficient and proper for a class and settlement of this size, and considering that there was nothing extraordinary about plaintiffs’ contributions to the case.  The court concludes that the $900,000 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards:

• $297,839.41 to plaintiffs’ counsel for plaintiffs’ attorneys’ fees, reduced from the $300,000.00 requested;

• $12,115.98 to plaintiffs’ counsel for plaintiffs’ attorney costs, as requested;

• $5,000.00 each to plaintiffs Fernando R. Chavez and Avelino Morales as enhancement awards, reduced from the $15,000 each plaintiff requested;

• $10,500.00 to the Administrator, CPT Group, Inc., as requested;

• $37,500.00 to the LWDA for its share of PAGA penalties, as requested; and

• $6,481.77 for the employer’s share of payroll taxes on the settlement payments, 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 $525,562.84.

The court sets a Final Report Hearing for May 3, 2024 at 10:00 a.m., to confirm that distribution efforts are fully completed, including that the amount of the uncashed checks has been delivered to Legal Aid at Work (since the State of California Department of Industrial Relations’ Unpaid Wage Fund no longer accepts uncashed checks), 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, and submit an Amended Judgment or Amendment to Judgment that complies with CCP §§384(b) and 384.5, and Gov. Code §68520.  Specifically, the Amended Judgment or Amendment to Judgment must state how much money is being paid to the nonparty, including any interest that accrued on the funds, and, if known, the purpose of the distribution to the nonparty and how it plans to expend the funds.  All supporting papers must be filed at least 16 days before the Final Report Hearing date.

Plaintiffs are ordered to give notice of the ruling to the LWDA and to defendant.