Judge: Stuart M. Rice, Case: 23STCV22716, Date: 2025-05-02 Tentative Ruling

Case Number: 23STCV22716    Hearing Date: May 2, 2025    Dept: 1

Final Approval of Class Action Settlement

Department SSC-1

Hon. Stuart M. Rice

JEFF SMOROWSKI vs ARC HOME LLC

Case Number: 23STCV22716

Hearing: May 2, 2025

TENTATIVE RULING

Counsel should address the following before final approval is granted:

At Preliminary Approval, the estimated class size and workweeks were 92 class members and 5,010 workweeks. At Final Approval, the estimated class size and workweeks are 120 class members and 7,021 workweeks, representing an increase of approximately 30% to the Class Size and 40% to the number of workweeks. Given that the GSA remains the same, on what basis should the Court determine that the settlement is fair and reasonable to the putative class.  

Plaintiff’s counsel shall file an Amended Proposed Order and Judgment, consistent with this ruling and containing the name of any class member who requested exclusion. In addition, a paragraph should be added which sets forth the Gross Settlement Amount, all deductions therefrom and the Net Settlement Amount available for distribution 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. The Court will set a non-appearance date of May 1, 2026 for submission of a final report  which should be included in the amended order. 

The Court intends to GRANT final approval and award/approve the following:

(1) $308,302.50 (33.33%) for attorney fees to Class Counsel, Righetti Glugoski, P.C.; (2) $6,500 for attorney costs to Class Counsel; (3) an enhancement payment of $5,000 to Plaintiff Jeff Smorowski; (4) $41,250 (75% of $55,000 PAGA penalty) to the LWDA; (5) $6,068.44 for settlement administration costs to ILYM Group; and (6) $75,000.00 to be allocated to resolve Plaintiff’s pending action before the Civil Rights Department of the Department of Fair Employment and Housing, Case No. 202203-16287002, entitled Smorowski/ARC Home LLC.