Judge: Stephen P. Pfahler, Case: 23STCV04800, Date: 2025-06-11 Tentative Ruling

Case Number: 23STCV04800    Hearing Date: June 11, 2025    Dept: 68

Dept. 68

Date: 6-11-2025

Case # 23STCV04800

Trial Date: N/A

APPROVAL OF PAGA SETTLEMENT

MOVING PARTY: Plaintiff Fernando Pulido, individually and on behalf of aggrieved parties

RESPONDING PARTY: Unopposed/Defendant, Andrew Lauren Surfaces, Inc.

RELIEF REQUESTED

Motion for Approval of PAGA Settlement

SUMMARY OF ACTION

On March 3, 2023, Plaintiff Fernando Pulido, individually and on behalf of aggrieved parties filed a PAGA action against Defendant Andrew Lauren Surfaces, Inc. Defendant answered on April 17, 2023. On September 9, 2024, the parties filed a joint notice of settlement and request to vacate all dates.

RULING: Granted.

Plaintiff Fernando Pulido, 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 Andrew Lauren Surfaces, 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 Dalia Khalili, ¶¶ 13, Ex. B. Proof of Service.]

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 $343,500 for the period of December 28, 2021 through June 18, 2024, representing approximately 93 aggrieved employees working 3,435 hours. The Stipulation and Agreement for PAGA Representative Action Settlement stipulates the following allocation: Attorney costs of $114,500 based on a 33.33% contingency recovery; actual costs of $13,149.40, with a provision not to exceed $25,000; settlement administration costs of $2,850; Payment of $152,250.45 to LWDA (75% of PAGA Penalty); a $10,000 agreed upon enhancement award to named Plaintiff; and $50,750.15 in net settlement amount distributed to employees (25%); [Khalili Decl.; Declaration of Fernando Pulido.]

The agreement provides for full funding of the Gross Settlement Amount within 60 days after approval of the settlement. Administrator will mail payments or wire funds within 14 days of funding.

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.