LAW & MOTION CALENDAR

TENTATIVE RULINGS

 

June 28, 2022

 

1:30 p.m.

 

CX-104

                                                                                                                             

JUDGE WILLIAM D. CLASTER

 

Department CX104 Phone Number: (657) 622-5304

 

 

The Court will hear oral argument on all matters at the time noticed for the hearing.  If you would prefer to submit the matter on your papers without oral argument, please advise the clerk by calling (657) 622-5304. The Court will not entertain a request for continuance nor filing of further documents once the ruling has been posted.

 

APPEARANCES:  Appearances, whether remote or in person, must be in compliance with new Code of Civil Procedure §367.75, California Rules of Court, Rule 3.672, and Superior Court of California, County of Orange, Appearance Procedure and Information, Civil Unlimited and Complex, located at https://www.occourts.org/media-relations/covid/Civil_Unlimited_and_Complex_Appearance_Procedure_and_Information.pdf

 

 

COURT REPORTERS:  Official court reporters (i.e. court reporters employed by the Court) are NOT provided for any matters in this department.  If a party desires a record of a law and motion proceeding, it will be the party’s responsibility to provide a court reporter.  Parties must comply with the Court’s policy on the use of privately retained court reporters which can be found at:

 

·         Civil Court Reporter Pooling; and

 

·         For additional information, please see the court’s website at  Court Reporter Interpreter Services for additional information regarding the availability of court reporters.

 

·         Civil Limited, Unlimited and Complex (Updated June 11, 2020)

 

 

#

CASE NAME

MATTER

1

2018-01026248

 

Awwad vs. SV WTC, LLC

PLAINTIFF’S MOTION FOR FINAL APPROVAL OF CLASS ACTION

 

The Court has reviewed the supplemental filings on fees and costs filed in response to the May 20, 2022 minute order.  Plaintiff’s motion for final approval of class action settlement is GRANTED.

The Court approves the following distributions:

1.    Attorney’s fees of $138,333.33 or 1/3 of the MSA.  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 these amounts and examining the billing records provided, the Court is not approving any particular hourly billing rates proposed by class counsel.

 

2.    Litigation costs as follows:

 

a.    $8,712 to the King & Siegel firm, per the Siegel declaration.

b.    $3,123.46 to the Quintilone firm, per the supplemental Quintilone declaration and exhibits thereto.

c.    $373.46 to the Carter firm, per the supplemental Quintilone declaration and exhibits thereto.

d.    The Court awards no costs to the Phelps firm, as the Court’s file contains no supporting costs records for the Phelps firm despite a continuance for such records to be submitted.  (The supplemental Quintilone declaration only attaches costs records for the Quintilone and Carter firms.)

 

3.    Administration costs in the amount of $5,000, per the administrator’s declaration.

 

4.    An enhancement of $5,000 to each plaintiff, for a total of $15,000.  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.    A payment to the LWDA in the amount of $7,500, representing the LWDA’s share of the amount allocated to Plaintiff’s PAGA claim.

 

Please submit a revised proposed order that conforms to the foregoing for the Court’s signature and identifies by name the one person who opted out of the settlement.

Pursuant to CCP § 384(b), Plaintiff shall submit to the Court a final report on or before February 17, 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.

 

2

 

 

3

 

 

4

 

 

5

 

 

6

 

 

7

 

 

8

 

 

9