Judge: Randall J. Sherman, Case: 2020-01146748, Date: 2022-09-09 Tentative Ruling

Plaintiff’s Motion for Final Approval of Class Action Settlement is granted.  The court concludes that the $465,000 class action and PAGA settlement is fair, adequate and reasonable, and approves the following specific awards:

• $155,000.00 to plaintiff’s counsel for plaintiff’s attorneys’ fees, as requested;

• $7,075.90 to plaintiff’s counsel for plaintiff’s attorney costs, as requested;

• $7,500.00 to plaintiff Alfredo Avina as an enhancement award, as requested;

• $10,000.00 to the Administrator, ILYM Group, Inc., as requested; and

• $7,500.00 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 $277,924.10.

The court sets a Final Report Hearing for April 14, 2023 at 10:00 a.m., to confirm that distribution efforts are fully completed, including the distribution of uncashed class member and aggrieved employee checks to Orange County Public Law Center after 120 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, and submit an Amended Judgment that complies with CCP §§384(b) and 384.5, and Gov. Code §68520.  Specifically, the Amended 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.

Plaintiff must submit a further amended Proposed Order Granting Final Approval of Class Action Settlement and Final Judgment that (1) corrects the reference in ¶5 of the Proposed Order to 131 class members, when the parties have represented that there are only 106 or 108 class members; (2) corrects the name of the Class Representative in ¶14 of the Proposed Order from Albert Rico to Alfredo Avina; and (3) changes ¶19 of the Proposed Order, which states, “All Class Members shall be bound by the Settlement and this Order, including the release of claims as set forth in the Agreement”, to exclude Eduardo R. Rodriguez, the person who opted out, and who is mentioned in the poorly-phrased ¶8 (“will not be bound by the Released Claims”).

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