Judge Robert C. Longstreth, Case 37-2022-00020811-CU-OE-CTL 2024-03-29 Tentative Ruling

Judge: Robert C. Longstreth, Case: 37-2022-00020811-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) 37-2022-00020811-CU-OE-CTL RODRIGUEZ VS WAWANESA GENERAL INSURANCE COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 03/05/2024

Plaintiff's Motion for Final Approval of Class Settlement and Award of Attorneys' Fees, Costs, and Service Awards (ROA 52) is GRANTED.

Settlement administration costs are approved in the amount of $14,320.00. (Nava Decl. ¶ 19.) 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 $10,000.00 for both Plaintiffs.

Plaintiffs' counsels' request for fees is granted but reduced to $672,000.00, 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 3.2 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 an exorbitant multiplier would be reasonable here. This case was very lightly litigated and settlement was achieved relatively early on, based largely on the parties' informal efforts. 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 $15,858.03. (Blumenthal Decl., Exh. 3-4.) 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 reduced service awards, reduced attorney fees, actual litigation expenses, actual administration costs, and compliance hearing/deadline within five (5) days.

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