Judge: William D. Claster, Case: 21-01183363, Date: 2023-01-06 Tentative Ruling

1. Plaintiff Maria Capetillo's Notice of Motion and Unopposed Motion for Final Approval of Class Action Settlement ROA 80

2. Plaintiff Maria Capetillo's Unopposed Application for Approval of Attorneys' Fees and Costs, Claims Administration Fees, and Class Representative's Service Payment ROA 81

The Court is inclined to GRANT the motion for final approval of class action settlement, contingent upon counsel providing the Court with the amount of Plaintiff’s individual settlement share and the low settlement share.  The Court’s minute order of May 6, 2022 asked the administrator to provide this figure at final approval, but the administrator’s declaration does not contain it.

Assuming this issue is addressed to the Court’s satisfaction, the Court will approve the following distributions:

1.    Attorney’s fees in the amount of $90,000 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 class 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 class counsel.

2.    Litigation costs in the amount of $6,651.61, representing the full amount sought. 

3.    Administration costs in the amount of $15,000, per the administrator’s declaration.

4.    An enhancement of $2,500 to Plaintiff. In making this award, the Court has considered only the factors set forth in Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251 and Clark v. Am. Residential Servs. LLC (2009) 175 Cal.App.4th 785.

5.    Payment to the LWDA of $15,000, representing the LWDA’s share of the amount allocated to the PAGA claim.

Please submit a revised proposed order that conforms to the foregoing for the Court’s signature and identifies by name the two class members who opted out.

Pursuant to CCP § 384(b), Plaintiff shall submit to the Court a final report on or before August 11, 2023 setting forth the actual amounts paid to class members and other amounts disbursed pursuant to the settlement.  Upon receiving the report, the Court will determine whether further reports and/or a hearing will be necessary.