Judge: William D. Claster, Case: 19-01121269, Date: 2022-10-07 Tentative Ruling

Defendants Largo Concrete, Inc. and Michael Long's Motion to Approve PAGA Settlement  ROA 101

The Court has reviewed the supplemental briefing filed in response to the minute order of August 19, 2022.  Plaintiff’s motion for approval of the parties’ PAGA settlement is GRANTED.  The Court finds the parties’ settlement is “fair, reasonable, and adequate in view of PAGA’s purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.”  (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 72.)  The Court also approves the current form of the notice.

Per representations in prior briefing, the Court understands this settlement to cover only those persons employed by Largo as a bricklayer or bricktender, not anyone classified as an independent contractor.  (See ROA 126 at p. 5.)

The Court approves the following distributions:

  1. Attorney’s fees in the amount of $51,000, or 30% of the GSA.  The Court finds this amount to be a reasonable result in light of the quality of the result obtained, the work performed by counsel, a review of the billing records provided, and the estimated lodestar.  In approving this amount and examining the billing records provided, the Court is not approving any particular hourly billing rates proposed by counsel. 

 

  1. Litigation costs in the amount of $9,769.37, representing the full amount sought.

 

  1. Administration costs in the amount of $5,800, per the administrator’s bid.

 

  1. Taking the above distributions into account, from the GSA of $170,000, $103,430.63 remains to be distributed as provided under PAGA.  This amount shall be allocated 75% to the LWDA and 25% to the aggrieved employees.

 

The administrator is to file a declaration no later than May 12, 2023 to confirm that the distribution of funds to aggrieved employees is complete.  Upon receipt of the administrator’s declaration, the Court will determine whether further briefing or a hearing is necessary.

Please submit a revised proposed order that conforms to the foregoing for the Court’s signature.