Judge: Stephen P. Pfahler, Case: 23STCV21277, Date: 2025-02-03 Tentative Ruling

Case Number: 23STCV21277    Hearing Date: February 3, 2025    Dept: 68

Dept. 68

Date: 2-3-2025 c/f 12-19-24

Case # 23STCV21277

Trial Date: N/A

APPROVAL OF PAGA SETTLEMENT

MOVING PARTY: Plaintiff Candido Gomez, et al., individually and on behalf of aggrieved parties

RESPONDING PARTY: Unopposed/Defendants, Lee Fish USA, LLC, et al.

RELIEF REQUESTED

Motion for Approval of PAGA Settlement

SUMMARY OF ACTION

On September 5, 2023, Plaintiffs Candido Gomez and Fernando Gomez Ortiz, both individually only, filed a PAGA action against Defendants Lee Fish USA, LLC and Kai Gourmet, LLC.

RULING: Granted.

Plaintiffs Candido Gomez and Fernando Gomez Ortiz, individually only, seek approval of a settlement of claims under the Private Attorney General Act of 2004 (PAGA) with Defendants Lee Fish USA, LLC and Kai Gourmet, LLC. “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 Diana Karapetyan, ¶ 13, Ex. 4 & 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 $100,000 for the period of June 6, 2022, through August 20, 2024. The Stipulation and Agreement for PAGA Representative Action Settlement stipulates the following allocation: Attorney costs capped by agreement to $7,970, though represented actual costs of $8,817.96; settlement administration costs of $5,000; attorney fees of $33,330 based on a 33.33% contingency recovery [See Declaration of Heather Pillips]; $13,425 in PAGA Penalties with $40,275 payment to LWDA (75% of $53,700 Net Settlement Amount); and $13,425 in net settlement amount distributed to employees (25%); [Karapetyan Decl.] Again, the subject settlement is only between the named Plaintiffs and not on behalf of any aggrieved employees. Plaintiffs deny any prejudice to other potentially aggrieved employees, in that Plaintiffs deny any awareness of any other aggrieved employees requiring notice. [Id.]

The agreement provides for full funding of the settlement within 14 days of the “Effective Date.” Funds will be delivered within 14 days “after” receipt by the administrator of the 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.