Judge: William D. Claster, Case: 21-01211895, Date: 2023-09-01 Tentative Ruling

Plaintiff Sheizan Bawa's Notice of Motion and Motion for Approval of PAGA Settlement, Award Of PAGA, Counsel Fees Payment, PAGA Counsel Litigation Expenses Payment, PAGA Representative Enhancement Payment, and Administration Expenses Payment ROA 90

Plaintiff’s motion for approval of PAGA settlement is CONTINUED to November 3, 2023 at 9:00 a.m. in Department CX101 to permit the parties to respond to the following items of concern. (The Court will soon relocate from Department CX104 to CX101.) Any supplemental briefing shall be filed on or before October 24, 2023. If a revised settlement agreement and/or proposed notice is submitted, a redline version showing all changes, deletions and additions must be submitted as well.  In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA.

As to the Settlement:

1.            The escalator applies if the estimate of 45,533 workweeks is more than 10% below the actual figure. What is the actual figure? Does the GSA need to be adjusted?

2.            Please provide a bid from the settlement administrator.

3.            Per § 3.2.3 of the agreement, “Aggrieved Employees assume full responsibility and liability for any taxes owed on their Individual PAGA Payment.”  The aggrieved employees are not parties to this case, so the Court will not approve a settlement that purports to impose duties on them in any way other than by operation of PAGA.

4.            The GSA is to be paid in two installments, one by the end of 2023 and one by the end of 2024. Why is an installment structure required? If the installment structure is required by Defendant’s finances, Defendant should submit a declaration explaining why its finances require installment payments. If Defendant wishes this declaration to remain sealed, it should follow CRC 2.550 et seq.

5.            Counsel explains that at the time of mediation in March 2022, Defendant represented there were 15,536 pay periods at issue. The maximum value for each predicate claim (at a 100% violation rate) is therefore $1,553,600, and counsel assumes no stacking, for an overall maximum value of $1,553,600. But there are 45,533 workweeks estimated to be at issue as of the time of settlement, not 15,536 as in March 2022. Please explain how the valuation provided by counsel is adequate to value 45,533 workweeks of claims rather than 15,536. Alternatively, please reevaluate the settlement using the correct number of workweeks (which may require additional explanation of the difference between the settlement value and the maximum value).

6.            Please provide contemporaneous attorney billing records for lodestar cross-check purposes.

7.            The costs ledger attached to counsel’s declaration includes several charges for “Deadlines.com” categorized as “Other.” What are these charges?

8.            There is a charge for “Motion to Compel Depo Samples.” The record does not reflect the filing of a motion to compel attendance at a deposition, and Plaintiff’s IDC statement from April 2023 (ROA 70) refers to a request for production of employee contact information. What is this charge for?

9.            Should notice be given in any languages other than English?