Judge: Stuart M. Rice, Case: 21STCV11103, Date: 2024-03-07 Tentative Ruling

Case Number: 21STCV11103    Hearing Date: March 7, 2024    Dept: 1

The Court hereby GRANTS final approval and awards/approves the following:

(1) $66,666 (one-third of GSA) for attorney fees to Class Counsel, The Spivak Law Firm; (2) $15,000 for attorney costs to Class Counsel; (3) enhancement payment of $5,000 to the class representative, Ramona Silva-Heredia; (4) $3,000 (75% of $4,000 PAGA penalty) to the LWDA; and (5) $12,500 for settlement administration costs to Phoenix Settlement Administrators.

Plaintiff’s counsel shall file an amended Proposed Order and Judgment, consistent with this ruling containing all requisite terms, including the class definition, release language, and a statement that no class members requested exclusion. In addition, there shall be a clear articulation of the three installment payments to be made by Defendant and when these settlement funds shall be distributed to the class and others who are entitled to receive payment from the Gross Settlement Amount. 

The Order shall state that no funds shall be distributed for fees, costs or incentive awards in advance of the class members being paid absent further order of court.   The Order shall also include a paragraph reflecting the Gross Settlement Amount (GSA), the deductions therefrom and the Net Settlement Amount (NSA) available to the class. The Court orders class counsel to file a final report summarizing all distributions made pursuant to the approved settlement, supported by declaration. Finally, the Order and Judgment shall by modified to substitute Judge Stuart M. Rice (Dept. 1) in place of Judge Nelson. The Court will set a non-appearance for submission of amended order and judgment for March 21, 2024 and a non-appearance date for submission of a final report for January 11, 2027.