Judge: Ronald F. Frazier, Case: 37-2020-00044507-CU-OE-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2020-00044507-CU-OE-CTL ESCOBEDO VS. MATHESON TRI-GAS INC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 09/28/2023

Plaintiff's Motion for Final Approval of Class Action Settlement is GRANTED. (ROA 69.) However, as to the proposed costs award, the court will hear from Plaintiff's counsel.

Settlement administration costs are approved in the amount of $7,850.00.

Plaintiffs' requests for service awards are granted, but reduced to $5,000 as to Plaintiff Escobedo based on the court's review of his declaration, and to $2,000.00 as to Plaintiff Carver's lack of supporting declaration.

As to Plaintiffs' counsel's request for attorney fees, the court finds the estimated lodestar calculation very excessive. However, fees are granted in the amount of $250,000.00 as a percentage of the common fund (one third).

As to costs, the court will hear this matter. Plaintiffs' counsel states Plaintiffs incurred $6,192.72 in 'court fees.' (Mara Decl. at Exh. 1.) This amount is not consistent with the court's own accounting records, of which it takes judicial notice. The court requests Plaintiffs' counsel provide the court with a breakdown of the calculation of the incurred court fees at the hearing.

The court sets a compliance hearing for April 26, 2024 at 8:30 a.m. Plaintiff is to file a declaration from the administrator regarding the status of funding on or before April 17, 2024.

Plaintiffs are to submit a revised Proposed Order and Judgment to reflect the revised service award, costs award (if revised at hearing) and the compliance hearing/deadline within five (5) days.

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