Judge Ronald F. Frazier, Case 37-2021-00019187-CU-OE-CTL 2023-10-27 Tentative Ruling

Judge: Ronald F. Frazier, Case: 37-2021-00019187-CU-OE-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023 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) 37-2021-00019187-CU-OE-CTL WESTBROOK VS CLMP LTD [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Approval of Class Settlement, 09/06/2023

Plaintiff's Motion for Final Approval of Class Action Settlement and separately filed Motion for Attorney Fees and Costs are both GRANTED. (ROA 60, 61.) Settlement administration costs are approved in the amount of $5,000.00.

Plaintiff's request for a service award is granted but reduced to $1,500.00 based on the court's review of Plaintiff's declaration. As the court understands it, Plaintiff assisted class counsel during the litigation but was not subjected to any discovery.

Plaintiffs' counsel's request for fees is granted as requested in the amount of $14,166.66, which is one third of the total settlement fund, after conducting a lodestar cross-check.

Plaintiffs' request for costs is approved but reduced to $2,797.31. Plaintiff's request for costs includes an excessive additional $1,000.00 'to file, serve, and copy this motion; to prepare for and attend the hearing; and for future copy charges.' (Ly Decl. ¶ 109.) The cost to file a motion in San Diego Superior Court is $60.00. Accordingly, the costs award is reduced by $940.00.

The court sets a compliance hearing for April 12, 2024 at 8:30 a.m. Plaintiff is to file a declaration from the administrator regarding the status of funding on or before April 3, 2024.

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

Finally, the court's April 21, 2023 ruling granting preliminary approval and setting this motion for final approval instructed Plaintiff to file 'one set of moving papers (not two separate motions) and the papers are to be within the page limits.' (ROA 55.) Contrary to this instruction, Plaintiff filed two separate motions, for a combined total of 27 pages of briefing. This is well in excess of the court's rules regarding page limits. (Cal. R. Court, rule 3.1113(d).) Furthermore, the court has previously admonished Plaintiff's counsel for failing to comply with the court's rules regarding page limits. (ROA 44.) Accordingly, the court sets an OSC re: Sanctions per Code of Civil Procedure section 177.5 and California Rules of Court, rule 2.30 for October 20, 2023 at 10:45 a.m. Counsel to be sanctioned is Plaintiff's counsel Liane Katzenstein Ly of Kingsley & Kingsley, APC.

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