Tembrina v. Williams Furnace Co., et al
Motion for Preliminary Approval of Class Action Settlement
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8. Tembrina v. Williams Furnace Co., et al, Case No. CIVSB2127440 Motion for Preliminary Approval of Class Action Settlement 6/12/26, 1:30 p.m., Dept. S-17
The Court would CONTINUE for supplemental briefing.
There are a number of concerns: First, the proposed PAGA period is intended to run from January 12, 2020 to July 22, 2024. (Settlement, 1.35.) However, the earliest PAGA notice was sent in to the LWDA on July 8, 2021. (Settlement, 2.1; Khalili Decl., ¶5.) This proposed PAGA period runs beyond the available statute of limitations and no information is provided to explain why it would be proper to exceed the four corners of the operative documents. Second, the proposed agreement seeks to designate 90% of the settlement payments as representative of penalties and interest. (Settlement, 3.2.4.1.)
No explanation is provided why this ratio is appropriate when the central allegations are for wages. (See FAC; also Khalili Decl., ¶18 [bulk of exposure relating to overtime].) Finally, the settlement proposes attorneys’ fees at 35% of the gross settlement. While the Court does not disapprove of this above-normal percentage per se, it would require some showing of unusual risk or complexity to warrant the upward departure. All these issues must be addressed prior to the next hearing.
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