Plaintiff’s Motion for Final Approval of Class Action and PAGA Settlement is granted, except that the court approves plaintiffs’ attorneys’ fees only in the amount of $185,739.43, and awards an enhancement to plaintiff Cesar Lopez only in the amount of $5,000. The court concludes that a reasonable attorney fee in this case is 1/3 of the gross settlement amount minus the deduction for the employer’s share of payroll taxes, which the court does not consider to be part of the common fund on which plaintiff’s attorneys’ fees should be calculated. The latest declaration from the administrator states the figure is $17,781.71. Plaintiff argues that the settlement probably would have been lower based on the amount of the employer’s payroll taxes, but that is exactly the court’s point. A $5,000 enhancement is sufficient and proper for a class and settlement of this size, and considering the fact that plaintiff did not disclose the number of hours he spent on this case.
The court concludes that
Hearing Date
November 20, 2020
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Plaintiff’s Motion for Final Approval of Class Action and PAGA Settlement is granted, except that the court approves plaintiffs’ attorneys’ fees only in the amount of $185,739.43, and awards an enhancement to plaintiff Cesar Lopez only in the amount of $5,000. The court concludes that a reasonable attorney fee in this case is 1/3 of the gross settlement amount minus the deduction for the employer’s share of payroll taxes, which the court does not consider to be part of the common fund on which plaintiff’s attorneys’ fees should be calculated. The latest declaration from the administrator states the figure is $17,781.71. Plaintiff argues that the settlement probably would have been lower based on the amount of the employer’s payroll taxes, but that is exactly the court’s point. A $5,000 enhancement is sufficient and proper for a class and settlement of this size, and considering the fact that plaintiff did not disclose the number of hours he spent on this case.
The court concludes that