Judge: Randall J. Sherman, Case: 2022-01241548, Date: 2023-08-24 Tentative Ruling

Plaintiffs’ Motion for Final Approval of Class Action Settlement and Attorneys’ Fees and Costs is granted, except that the court awards enhancements to plaintiffs Martha Cervantes as successor in interest of Juan Centeno, Javier Vasquez and Luis Gonzalez only in the amounts of $2,000 each.  Enhancement awards totaling $6,000 are sufficient and proper for a class and settlement of this size, and considering that there was nothing extraordinary about plaintiffs’ contribution to the case, that plaintiffs Vasquez and Gonzalez claim in their identical, unsigned declarations to have spent only about 30-40 hours on the case, and that plaintiff Cervantes was a successor in interest and did not submit any declaration.

The court concludes that the $125,000 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards:

• $41,666.66 to plaintiffs’ counsel for plaintiffs’ attorneys’ fees, as requested, with 75% awarded to Law Offices of Farrah Mirabel and 25% awarded to Employment Rights Law Group, APC;

• $8,479.18 to plaintiffs’ counsel for plaintiffs’ attorney costs, as requested, with $6,095.00 awarded to Law Offices of Farrah Mirabel and $2,384.18 awarded to Employment Rights Law Group, APC;

• $2,000.00 to each of plaintiffs Martha Cervantes as successor in interest of Juan Centeno, Javier Vasquez and Luis Gonzalez as enhancement awards, reduced from the $3,500.00 each requested;

• $5,000.00 to the Administrator, Phoenix Settlement Administrators, as requested; and

• $4,500.00 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 $59,354.16.

The court sets a Final Report Hearing for May 31, 2024 at 10:00 a.m., to confirm that distribution efforts are fully completed, including the distribution of the amount of the uncashed class member and aggrieved employee checks to Public Law Center 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 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 must submit an amended Proposed Order and Final Judgment consistent with this ruling, including identifying the correct courtroom as Department CX105 in ¶24.  The Order will not be signed until plaintiffs file a proof of service showing that they served the LWDA with their motion.

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