Diaz vs. Burlington Safety Laboratory of California, Inc.
Case Information
Motion(s)
Plaintiff’s Unopposed Motion for Final Approval
Motion Type Tags
Motion for Final Approval of Class Settlement
Parties
- Plaintiff: Diaz
- Defendant: Burlington Safety Laboratory of California, Inc.
Ruling
The Court is inclined to GRANT final approval of the parties’ class action settlement contingent on being informed of Plaintiff’s estimated individual class and PAGA shares. Assuming this issue is addressed, the Court intends to approve the following distributions: 1. Attorney’s fees in the amount of $63,000, 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 ant particular hourly billing rates proposed by class counsel.
2. Litigation costs in the amount of $2,301. This amount does not include the $1,000 claimed for a complex case fee. The costs ledger (ROA 196, Ex. D) has a separate line item for $1,490.67 as the filing fee. This amount includes both the Court’s general filing fee ($435) and the complex fee ($1,000), plus e-filing provider fees. Paying a separate line item for the complex fee would be double recovery.
3. Administration costs in the amount of $7,000 per the administrator’s declaration.
4. An enhancement of $5,000 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 $7,500 per the parties’ PAGA allocation.
Pursuant to section 384(b) of the Code of Civil Procedure, Plaintiff shall submit to the Court a final report on or before January 30, 2027 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. Please submit a revised proposed order for the Court’s signature that conforms to the foregoing.