Judge: Robert C. Longstreth, Case: 37-2021-00006007-CU-OE-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  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) 37-2021-00006007-CU-OE-CTL FARLEY VS SHARP MEMORIAL HOSPITAL [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 03/25/2024

Plaintiff's Motion for Final Approval of Class Settlement and Award of Attorneys' Fees, Costs, and Service Awards (ROA 76) is GRANTED.

Settlement administration costs are approved in the amount of $50,500.00. (Bench Decl. ¶ 20.) Plaintiffs' requests for service awards are granted in part. Based on the declarations provided by Plaintiffs, the court awards $10,000.00 to Plaintiff Imson, $5,000.00 Plaintiff Griffith, and $5,000.00 to Plaintiff Ward, for a total of $20,000.00. Based on the declaration submitted by Donna Farley, mother of Plaintiff Chris Farley, the court understands Plaintiff Farley passed away while this litigation is pending.

The court is not aware of any legal authority permitting a service award to the estate of a deceased class representative, nor did Plaintiffs cite any, nor is there any showing that the estate has been formally opened, or that anyone has been appointed to represent its interests in this matter. Accordingly, the court makes no award relating to Plaintiff Farley's request for a service award.

Plaintiffs' counsels' request for fees is granted but reduced to $1,136,800.00, or 28% of the total settlement fund, after conducting a lodestar cross-check. In order to reach Plaintiff's requested amount, the court would have had to apply a multiplier of almost 2.6 under the lodestar method. Even taking into consideration factors such as the good results achieved, the contingent nature of the work, and the delay in payment for work, the court does not believe such a multiplier would be reasonable here, particularly given the extremely high hourly rates attributed to Plaintiffs' counsel in the lodestar analysis.

The court finds an award of 28% of the common fund is reasonable.

Class counsel's request for costs is granted in the amount incurred of $46,591.32. (Blumenthal Decl., Exh. 3-4; Adolph Exh. A.) The court sets a compliance hearing for November 22, 2024 at 8:30 a.m. Plaintiffs are to file a declaration from the administrator regarding the status of disbursement on or before November 13, 2024.

Plaintiffs are to submit a revised Proposed Order and Judgment to reflect the reduced service awards, reduced attorney fees, actual litigation expenses, actual administration costs, and compliance hearing/deadline within five (5) days.

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