Judge: Randall J. Sherman, Case: 2020-01162478, Date: 2022-09-02 Tentative Ruling

Plaintiff’s Motion for Final Approval of Class Action Settlement, Attorneys’ Fees and Costs, and Class Representative Enhancement Payment is granted.  The court concludes that the $265,000 class action and PAGA settlement is fair, adequate and reasonable, and approves the following specific awards:

● $88,333.33 to plaintiff’s counsel for plaintiff’s attorneys’ fees, as requested;

● $8,326.70 to plaintiff’s counsel for plaintiff’s attorney costs, as requested;

● $5,000.00 to plaintiff Adrian Vides as an enhancement award, as requested;

● $7,500.00 to the Administrator, Phoenix Settlement Administrators, as requested; and

● $37,500.00 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 $118,339.97.

The court sets a Final Report Hearing for May 26, 2023 at 10:00 a.m., to confirm that distribution efforts are fully completed, including the distribution of uncashed class member checks to Community Legal Aid SoCal 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, 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 also must submit a new Proposed Judgment and Order updating the costs award and identifying the two putative class members who opted out and thus will not be bound by the judgment.

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