This case was last updated from Los Angeles County Superior Courts on 07/22/2022 at 17:27:20 (UTC).

JILL TIZEKKER VS BEL-AIR BAY CLUB LTD.

Case Summary

On 07/30/2020 JILL TIZEKKER filed a Labor - Other Labor lawsuit against BEL-AIR BAY CLUB LTD. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE W. MANDEL. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1006

  • Filing Date:

    07/30/2020

  • Case Status:

    Other

  • Case Type:

    Labor - Other Labor

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ELAINE W. MANDEL

 

Party Details

Plaintiff

TIZEKKER JILL

Defendant

BEL-AIR BAY CLUB LTD.

Attorney/Law Firm Details

Plaintiff Attorney

COTTRELL CAROLYN

Defendant Attorney

DAROUIAN NIMA

 

Court Documents

Request for Dismissal

6/3/2022: Request for Dismissal

Order to Show Cause re: Dismissal (Settlement)

5/10/2022: Order to Show Cause re: Dismissal (Settlement)

Status Report

5/4/2022: Status Report

Order - ORDER APPROVING PAGA SETTLEMENT AND JUDGMENT

4/19/2022: Order - ORDER APPROVING PAGA SETTLEMENT AND JUDGMENT

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE (CSR - 13383)

4/7/2022: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE (CSR - 13383)

Proof of Service (not Summons and Complaint)

4/13/2022: Proof of Service (not Summons and Complaint)

Joint Status Conference Report

1/25/2022: Joint Status Conference Report

Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE /PRE-TRIAL STATUS CONFERENCE)

2/1/2022: Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE /PRE-TRIAL STATUS CONFERENCE)

Notice of Status Conference and Order

2/3/2022: Notice of Status Conference and Order

Proof of Service (not Summons and Complaint)

2/16/2022: Proof of Service (not Summons and Complaint)

Declaration - DECLARATION OF CAROLYN HUNT COTTRELL IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

3/10/2022: Declaration - DECLARATION OF CAROLYN HUNT COTTRELL IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

Declaration - DECLARATION OF JILL TIZEKKER IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

3/10/2022: Declaration - DECLARATION OF JILL TIZEKKER IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

Motion for Preliminary Approval of Settlement

3/10/2022: Motion for Preliminary Approval of Settlement

Proof of Service (not Summons and Complaint) - PROOF OF SERVICE (NOT SUMMONS AND COMPLAINT) OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

3/10/2022: Proof of Service (not Summons and Complaint) - PROOF OF SERVICE (NOT SUMMONS AND COMPLAINT) OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

3/10/2022: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER (APPROVAL OF PAGA SETTLEMENT); STAT...)

4/7/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER (APPROVAL OF PAGA SETTLEMENT); STAT...)

Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE /PRE-TRIAL STATUS CONFERENCE)

12/1/2021: Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE /PRE-TRIAL STATUS CONFERENCE)

Joint Status Conference Report

11/19/2021: Joint Status Conference Report

34 More Documents Available

 

Docket Entries

  • 06/09/2022
  • Docketat 08:30 AM in Department P; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

    [+] Read More [-] Read Less
  • 06/03/2022
  • DocketRequest for Dismissal; Filed by Jill Tizekker (Plaintiff)

    [+] Read More [-] Read Less
  • 05/10/2022
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by Clerk

    [+] Read More [-] Read Less
  • 05/04/2022
  • DocketStatus Report; Filed by Jill Tizekker (Plaintiff)

    [+] Read More [-] Read Less
  • 04/22/2022
  • Docketat 09:00 AM in Department P; Non-Appearance Case Review (ReProposed Order) - Not Held - Advanced and Vacated

    [+] Read More [-] Read Less
  • 04/19/2022
  • DocketOrder (Approving PAGA Settlement and Judgment); Filed by Jill Tizekker (Plaintiff)

    [+] Read More [-] Read Less
  • 04/13/2022
  • DocketProof of Service (not Summons and Complaint); Filed by Jill Tizekker (Plaintiff)

    [+] Read More [-] Read Less
  • 04/07/2022
  • Docketat 08:30 AM in Department P, Elaine W. Mandel, Presiding; Hearing on Motion - Other ((Approval of PAGA Settlement)) - Held - Motion Granted

    [+] Read More [-] Read Less
  • 04/07/2022
  • Docketat 08:30 AM in Department P; Status Conference (Re Approval of PAGA Settlement) - Held

    [+] Read More [-] Read Less
  • 04/07/2022
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore ((CSR - 13383)); Filed by Clerk

    [+] Read More [-] Read Less
38 More Docket Entries
  • 09/04/2020
  • DocketDeclaration (in Support of Motion); Filed by Bel-Air Bay Club LTD. (Defendant)

    [+] Read More [-] Read Less
  • 09/04/2020
  • DocketAnswer; Filed by Bel-Air Bay Club LTD. (Defendant)

    [+] Read More [-] Read Less
  • 09/04/2020
  • DocketMotion re: (to Stay); Filed by Bel-Air Bay Club LTD. (Defendant)

    [+] Read More [-] Read Less
  • 08/10/2020
  • DocketProof of Personal Service; Filed by Jill Tizekker (Plaintiff)

    [+] Read More [-] Read Less
  • 07/30/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

    [+] Read More [-] Read Less
  • 07/30/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

    [+] Read More [-] Read Less
  • 07/30/2020
  • DocketSummons (on Complaint); Filed by Jill Tizekker (Plaintiff)

    [+] Read More [-] Read Less
  • 07/30/2020
  • DocketCivil Case Cover Sheet; Filed by Jill Tizekker (Plaintiff)

    [+] Read More [-] Read Less
  • 07/30/2020
  • DocketCivil Case Cover Sheet; Filed by Jill Tizekker (Plaintiff)

    [+] Read More [-] Read Less
  • 07/30/2020
  • DocketComplaint; Filed by Jill Tizekker (Plaintiff)

    [+] Read More [-] Read Less

Tentative Rulings

Case Number: *******1006 Hearing Date: April 7, 2022 Dept: P

Tentative Ruling

Tizekker v. Bel-Air Bay Club, Case No. *******1006

Hearing Date 4/7/2022

Motion for Approval of PAGA Settlement (UNOPPOSED)

In this private attorney general (PAGA) action (Lab. Code 2698) plaintiff, on behalf of herself and other aggrieved employees, alleges defendant committed various Labor Code and wage/hour violations. The prevailing employee in a PAGA action is entitled to attorney’s fees and costs. Lab. Code 2699(a). Civil penalties recovered by aggrieved employees are to be distributed 75 percent to the Labor and Workforce Development Agency (LWDA) and 25 percent to aggrieved employees. Lab. Code 2699(i). In class actions, as in PAGA actions, the custom and practice is to award approximately one-third of a common fund as attorney’s fees. E.g., Chavez v. Netflix (2008) 162 Cal.App.4th 43, 66.

The parties settled for $200,000. The parties propose a distribution with $78,283.74 to LWDA, $66,666.66 for attorney’s fees, $14,345.02 for costs, $10,000 to plaintiff as an enhancement and $26,094.58 to the remaining PAGA employees.

Plaintiff argues the settlement is fair and reasonable, providing evidence that defendants’ conduct could result in a recovery of $621,008 at trial, but, considering the risks of litigation, $200,000 is reasonable. Cottrell decl. 42-57. Considering these factors, the settlement is valid. Plaintiff shows that one-third as attorney’s fees is reasonable, and the remaining distributions comply with Lab. Code 2699 et seq. There is no opposition. GRANTED.

DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR BY MICROSOFT OFFICE TEAMS.