Judge: Randall J. Sherman, Case: 2021-01208607, Date: 2022-10-07 Tentative Ruling

Plaintiff’s Motion for Final Approval of Class Action and PAGA Settlement and Motion for Attorneys’ Fees, Costs, and Service Awards are granted, except that the court approves plaintiff’s enhancement award only in the amount of $5,000.  An enhancement award of $5,000 is sufficient and proper for a class and settlement of this size, and considering the amount of time that plaintiff spent on this case.  The court concludes that the $264,000 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards:

• $88,000.00 to plaintiff’s counsel for plaintiff’s attorneys’ fees, with 50% to JCL Law Firm, APC and 50% to Zakay Law Group, APLC, as requested;

• $11,637.67 to plaintiff’s counsel for plaintiff’s attorney costs, with $6,585.49 to JCL Law Firm, APC and $5,052.18 to Zakay Law Group, APLC, as requested;

• $5,000.00 to plaintiff Omar Vejar as an enhancement award, reduced from the $10,000 requested;

• $9,700.00 to the Administrator, ILYM Group, Inc., as requested; and

• $7,500.00 to the LWDA as 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 $142,162.33.

Plaintiff must submit a new proposed Order Granting Motion for Final Approval of Class Action and PAGA Settlement and/or a new proposed Judgment, but plaintiff must submit only one document, with all pertinent information in that one document.  Plaintiff may not include the injunction language that is in the proposed Judgment at 2:11-12.  This court will not issue an injunction against class members.  Res judicata and collateral estoppel arguments should provide defendants with sufficient protection against facing these same claims again.

The court sets a Final Report Hearing for July 7, 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 defendants.