Motion for Final Approval of Class Action and PAGA Settlement
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response to the OSC must be filed at least a week before the hearing.
Plaintiff is ordered to give notice of this ruling to Defendant.
4 30-2022-01243365 Plaintiffs Araceli Herrera, Brittany Towns, and Loretta Herrera vs. Behavioral Urbina’s (collectively, “Plaintiffs”) Motion for Final Approval Systems Southwest, of Class Action and PAGA Settlement is GRANTED IN Inc. PART.
An enhancement award of $5,000 for each named plaintiff is sufficient and proper for a class and settlement of this size, and based on each plaintiff’s contribution to the case.
The court also finds that an attorneys’ fee award totaling $321,750.00 or 33% of the Gross Settlement Amount is fair, adequate and reasonable for the class and settlement of this size. The court has increased the percentage from its standard award of 30% in light of the size of the recovery for class members and the extra work required to litigate the motion to compel arbitration through appeal.
The court concludes that the $975,000.00 class action and PAGA settlement is fair, adequate and reasonable, and approves the following specific awards: • $321,750.00 (40% or $128,700 to Otkupman Law Firm, ALC and 60% or $193,050 to Lawyers for Justice, PC) to plaintiff’s counsel for plaintiff’s attorneys’ fees, reduced from the $341,250.00 requested; • $20,000.00 ($12,086.83 for Lawyers for Justice, PC and $7,913.17 for Otkupman Law Firm, ALC) to plaintiff’s counsel for plaintiff’s litigation costs, as requested; • $15,000.00 to Plaintiffs as enhancement awards ($5,000.00 to Araceli Herrera, $5,000.00 to Brittany Towns, and $5,000.00 to Loretta Urbina), reduced from the $37,500.00 requested; • $7,950.00 to ILYM Group, Inc., the settlement administrator, as requested; and • $75,000.00 to the LWDA for its share of PAGA penalties, as requested.
The Final Accounting hearing is set for February 8, 2027 at 1:30 p.m. in Department CX103. At least sixteen (16) calendar
days before the hearing, Class Counsel and the Settlement Administrator shall submit a summary accounting of the distribution of the settlement funds to Class Members and Aggrieved Employees, identifying the distributions made pursuant to this Order and Judgment, and identifying the number and value of any uncashed checks, and the status of any unresolved issues.
Within five (5) days of this ruling, Plaintiffs must provide the court with a revised Proposed Final Order and Judgment reflecting this ruling.
Plaintiffs are ordered to give notice of the ruling to the LWDA and Defendant.
5 30-2025-01483935 The tentative ruling is to continue Plaintiff Mark Segura’s Segura vs. Airtech (“Plaintiff”) Motion for Preliminary Approval of Class Action International, Inc., a and PAGA Settlement to October 26, 2026 at 1:30 p.m. California corporation; Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be reread) no later than two weeks before the next hearing date. Counsel must submit an amendment to the settlement agreement rather than any amended settlement agreement.
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Counsel also must provide a red-lined version of any revised papers. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with a supplemental declaration or brief that simply asserts the issues have been resolved.
The court is inclined to grant approval of an attorneys’ fees request of only 30% of the gross settlement amount, which the court finds fair, adequate and reasonable for the settlement of this size. The parties may either reduce the attorneys’ fees request by amendment to the settlement agreement and the class notice or Plaintiff shall provide documentation and support for any request higher than this percentage at the final approval stage.
There is no information as to how many of the class members or aggrieved employees speak and/or read English, which might require that the class notice also be in another language.