Judge: Randall J. Sherman, Case: 2020-01175391, Date: 2022-12-16 Tentative Ruling

Plaintiff’s Motion for Approval of Settlement Under the Private Attorneys General Act is granted, except that the court awards an enhancement to plaintiff Agustin Merino only in the amount of $5,000, which is sufficient and proper for a settlement and aggrieved employee group of this size, and considering the number of hours plaintiff spent on this case.  The court concludes that the $300,000 PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards:

● $100,000.00 to plaintiff’s counsel for plaintiff’s attorneys’ fees, as requested;

● $14,760.83 to plaintiff’s counsel for plaintiff’s attorney costs, as requested;

● $5,000.00 to plaintiff Agustin Merino as an enhancement award, reduced from the $10,000.00 requested;

● $4,000.00 to the Administrator, Simpluris, Inc., as requested;

● $132,179.38, which is 75% of the remaining balance of $176,239.17, to the LWDA as its share of PAGA penalties; and

● $44,059.79, which is 25% of the remaining balance of $176,239.17, to the aggrieved employees as their share of PAGA penalties.

The court sets a Final Report Hearing for July 21, 2023 at 10:00 a.m., to confirm that distribution efforts are fully completed, including the distribution of uncashed aggrieved employee checks after 120 days to the State Controller’s Office Unclaimed Property Fund in the names of the applicable payees, or if the funds have not yet been delivered, an estimate of when that is expected to occur, that the Administrator’s work is otherwise 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 aggrieved employees.  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 defendants.