Judge: Robert C. Longstreth, Case: 37-2020-00033184-CU-OE-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2020-00033184-CU-OE-CTL KIM VS VEYO LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 03/05/2024

Plaintiff's Motion for Final Approval of Class Action Settlement (ROA 116) is GRANTED.

Settlement administration costs are approved in the increased requested amount of $17,750.00, based on the increased class size.

Plaintiffs' requests for service awards are granted but reduced to $5,000.00 each based on the court's review of their declarations, for a total service award of $15,000.00 for all three Plaintiffs.

Plaintiffs' counsels' request for fees is granted but reduced to $781,390.50, or 33% of the total settlement fund, after conducting a lodestar cross-check. The court notes in particular that Parris Law Firm sought to apply a 'blended rate' of $850 for its attorneys. This is not a true blended rate. Per Attorney Szeto's declaration, a reasonable hourly rate for the two partners who worked on the case is $850 and a reasonable hourly rate for their fifth-year associate is $600, so effectively the 'blended rate' is just an increase of the associate's rate to the partner's rate, which the court finds is not reasonable.

The court also notes only one of the three firms representing Plaintiffs in this and the Woods action made use of a paralegal and that a majority of the time spent by Plaintiffs' counsel was performed by partners rather than associates. The court finds an award of 33% of the common fund is reasonable.

Class counsel's request for $16,699.95 in costs is granted.

The court sets a compliance hearing for November 8, 2024 at 8:30 a.m. Plaintiffs are to file a declaration from the administrator regarding the status of disbursement on or before October 30, 2024.

Plaintiff is to submit a revised Proposed Order and Judgment to reflect the actual settlement administration costs, reduced service awards, reduced attorney fee award, actual litigation costs, and the compliance hearing/deadline within five (5) days.

As the court noted at the time of preliminary approval, this settlement also resolves the plaintiffs' claims in the related PAGA action, Woods v. Veyo, LLC, Case No. 37-2021-00027881. The court will hear from the parties as to whether the Woods action should be consolidated with this action, and the Kim action designated as the lead action, before judgment is entered.

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