Judge: Stephen P. Pfahler, Case: 23STCV00452, Date: 2025-01-16 Tentative Ruling

Case Number: 23STCV00452    Hearing Date: January 16, 2025    Dept: 68

Dept. 68

Date: 1-16-2025 c/f 11-19-24

Case # 23STCV00452

Trial Date: N/A

APPROVAL OF PAGA SETTLEMENT

MOVING PARTY: Plaintiff Bruce William Ballinger, individually and on behalf of aggrieved parties

RESPONDING PARTY: Unopposed/Defendant, B&B Transport, Inc.

RELIEF REQUESTED

Motion for Approval of PAGA Settlement

SUMMARY OF ACTION

On January 9, 2023, Plaintiff Bruce William Ballinger, individually and on behalf of aggrieved parties filed a PAGA action against Defendant B&B Transport, Inc.

RULING: Granted.

Plaintiff Bruce William Ballinger, individually and on behalf of aggrieved parties seeks approval of a settlement of claims under the Private Attorney General Act of 2004 (PAGA) with Defendant B&B Transport, Inc. “The superior court shall review and approve any settlement of any civil action filed pursuant to [the Private Attorneys General Act].  The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”  (Lab. Code, § 2699, subd. (l-2).) [Declaration of Liane Katzenstein, ¶¶ 15-21, Ex. 1.]

Labor Code section 2699, subdivision (i) requires that in an action brought under the Private Attorneys General Act, “civil penalties recovered by aggrieved employees shall be distributed as follows: ¿75 percent to the Labor and Workforce Development Agency for enforcement of labor laws, . . . and 25 percent to the aggrieved employees.”

The parties settled all claims for a gross settlement amount of $145,000 for the period of October 26, 2021 through March 8, 2024. The Stipulation and Agreement for PAGA Representative Action Settlement stipulates the following allocation: Attorney costs of $25,000, though actual costs of $20,926.46; settlement administration costs of $9,000 [Declaration of Jodey Lawrence]; attorney fees of $48,333.33 based on a 33.33% contingency recovery; $57,666.67 in PAGA Penalties with $43,250 payment to LWDA (75% of PAGA Penalty); a $5,000 agreed upon enhancement award to named Plaintiff; and 18,490.21 in net settlement amount distributed to employees (25%); [Katzenstein Decl.]

The agreement provides for 18 installment payments $8,056/month. The first payment within 30 days of the full execution of the settlement agreement. Funds will be delivered within 15 days “after” receipt by the administrator of the final settlement payment (fully funded settlement).

The parties reached this agreement following mediation and negotiations. The release of claims occurs upon the approval of the settlement, The court acknowledges the request for retention or jurisdiction under Code of Civil Procedure section 664.6.

The unopposed motion is granted.

Moving party to provide notice.