Judge: Randall J. Sherman, Case: JCCP5192, Date: 2023-07-28 Tentative Ruling

Plaintiff Rosa Nolasco Monge’s Motion for Final Approval of Class Action and PAGA Settlement is granted, except that the court approves plaintiff’s attorneys’ fees only in the amount of $1,250,000 and awards an enhancement to plaintiff Rosa Nolasco Monge only in the amount of $5,000.  The court concludes that a reasonable attorney fee in this case is 25% of the gross settlement amount.  Counsel’s lodestar fees are only about $450,000, and a 25% attorney fee still results in a generous multiplier of about 2.8, as well as about $1,250 for each hour counsel worked.  The court also is aware that plaintiff Salazar was excluded from the parties’ mediation.  The court further concludes that an enhancement of $5,000 is sufficient and proper for a class and settlement of this size, and considering that there was nothing extraordinary about plaintiff’s contribution to the case.  The fact that the average payment to class members under the proposed settlement is only about $335 causes the court to conclude that the settlement did not produce an outstanding result such as to justify higher awards than those this court is approving.  The court concludes that the $5,000,000 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards:

• $1,250,000.00 to plaintiff’s counsel for plaintiff’s attorneys’ fees, reduced from the $1,750,000.00 requested;

• $21,384.59 to plaintiff’s counsel for plaintiff’s attorney costs, as requested;

• $5,000.00 to plaintiff Rosa Nolasco Monge as an enhancement award, reduced from the $7,500.00 requested;

• $48,750.00 to the Administrator, Phoenix Settlement Administrators, as requested; and

• $375,000.00 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 $3,299,865.41.

The court sets a Final Report Hearing for May 24, 2024 at 10:00 a.m., to confirm that distribution efforts are fully completed, including that the amount of the uncashed checks has been delivered to the State Controller’s Office Unclaimed Property Fund in the names of the applicable payees, or confirming the initiation of the process for the reporting and distribution of uncashed checks, which may require following the procedures set forth in CCP §1520, and ultimately a showing that the Administrator’s work is complete and that the court’s file thus may be closed.  All supporting papers must be filed at least 16 days before the Final Report Hearing date.

A Status Conference is set for today in the Salazar action.  Since plaintiff Jorge Salazar is not one of the class members who opted out, his claims presumably should be dismissed.  The court sets an OSC re Dismissal of the Salazar action for May 24, 2024 at 10:00 a.m.

Plaintiff Monge is ordered to give notice of the ruling to the LWDA and to the other parties.