*******1006
07/30/2020
Other
Labor - Other Labor
Los Angeles, California
ELAINE W. MANDEL
TIZEKKER JILL
BEL-AIR BAY CLUB LTD.
COTTRELL CAROLYN
DAROUIAN NIMA
6/3/2022: Request for Dismissal
5/10/2022: Order to Show Cause re: Dismissal (Settlement)
5/4/2022: Status Report
4/19/2022: Order - ORDER APPROVING PAGA SETTLEMENT AND JUDGMENT
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)
4/13/2022: Proof of Service (not Summons and Complaint)
1/25/2022: Joint Status Conference Report
2/1/2022: Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE /PRE-TRIAL STATUS CONFERENCE)
2/3/2022: Notice of Status Conference and Order
2/16/2022: Proof of Service (not Summons and Complaint)
3/10/2022: Declaration - DECLARATION OF CAROLYN HUNT COTTRELL 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
3/10/2022: 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
3/10/2022: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT
4/7/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER (APPROVAL OF PAGA SETTLEMENT); STAT...)
12/1/2021: Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE /PRE-TRIAL STATUS CONFERENCE)
11/19/2021: Joint Status Conference Report
Docketat 08:30 AM in Department P; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court
[-] Read LessDocketRequest for Dismissal; Filed by Jill Tizekker (Plaintiff)
[-] Read LessDocketOrder to Show Cause re: Dismissal (Settlement); Filed by Clerk
[-] Read LessDocketStatus Report; Filed by Jill Tizekker (Plaintiff)
[-] Read LessDocketat 09:00 AM in Department P; Non-Appearance Case Review (ReProposed Order) - Not Held - Advanced and Vacated
[-] Read LessDocketOrder (Approving PAGA Settlement and Judgment); Filed by Jill Tizekker (Plaintiff)
[-] Read LessDocketProof of Service (not Summons and Complaint); Filed by Jill Tizekker (Plaintiff)
[-] Read LessDocketat 08:30 AM in Department P, Elaine W. Mandel, Presiding; Hearing on Motion - Other ((Approval of PAGA Settlement)) - Held - Motion Granted
[-] Read LessDocketat 08:30 AM in Department P; Status Conference (Re Approval of PAGA Settlement) - Held
[-] Read LessDocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore ((CSR - 13383)); Filed by Clerk
[-] Read LessDocketDeclaration (in Support of Motion); Filed by Bel-Air Bay Club LTD. (Defendant)
[-] Read LessDocketAnswer; Filed by Bel-Air Bay Club LTD. (Defendant)
[-] Read LessDocketMotion re: (to Stay); Filed by Bel-Air Bay Club LTD. (Defendant)
[-] Read LessDocketProof of Personal Service; Filed by Jill Tizekker (Plaintiff)
[-] Read LessDocketNotice of Case Management Conference; Filed by Clerk
[-] Read LessDocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk
[-] Read LessDocketSummons (on Complaint); Filed by Jill Tizekker (Plaintiff)
[-] Read LessDocketCivil Case Cover Sheet; Filed by Jill Tizekker (Plaintiff)
[-] Read LessDocketCivil Case Cover Sheet; Filed by Jill Tizekker (Plaintiff)
[-] Read LessDocketComplaint; Filed by Jill Tizekker (Plaintiff)
[-] Read LessCase 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.