Compliance Hearing
uncashed checks shall be paid to West Marin Community Services and YMCA Sonoma County, in equal shares, and Phoenix will close the QSF. (Id., ¶9.) All disbursements were completed in compliance with the Joint Stipulation of Class and PAGA Action Settlement and Release and the Order Granting Plaintiff’s Motion for (1) Final Approval of Class and PAGA Action Settlement and (2) For Approval of Attorney Fees and Costs and Plaintiffs’ Enhancement Award, and Judgment Thereon.
Accordingly, as the time for cashing settlement checks has passed, Phoenix is directed to remit any amount remaining in the QSF to West Marin Community Services and YMCA Sonoma County, in equal shares, and to close the QSF. Plaintiffs’ counsel is ordered to dismiss the action within 60 days after the remaining funds are disbursed to West Marin Community Services and YMCA Sonoma County. Plaintiffs’ counsel is directed to submit a written order to the court consistent with this ruling.
7. SCV-273003, Vega v. North Bay Concrete, Inc.
(TENTATIVE ISSUED BY HON. DANA B. SIMONDS)
IF ORAL ARGUMENT IS REQUESTED, MATTER WILL BE HEARD IN DEPT.
18. PLEASE USE DEPT. 18’S ZOOM LOGIN INFORMATION (SEE BOTTOM OF PAGE).
This matter is on calendar for the final report regarding distribution of settlement funds by Class Administrator ILYM Group (“ILYM”), the settlement services provider in this action.
On September 8, 2025, this court signed the Amended Order and Judgment Granting Final Approval of Class Action Settlement. The Gross Settlement amount was approved in the amount of $875,000.00. This amount was to be distributed $30,000 to the California Labor and Workforce Development Agency; $6,550.00 for ILYM’s administrative fees; $15,000 as the Class Representative Service Payment; $218,750.00 in attorney fees; and $10,396.28 in litigation costs. The remainder is $594,303.72, including $10,000.00 for the 127 PAGA Group Members for their 24% share of PAGA penalties.
On October 8, 2025, ILYM made all the above payments, plus the additional $20,622.99 to the IRS paid by Defendant in payroll taxes, minus $54,705.44 withheld for the employees’ share of the applicable payroll taxes. (Castro decl., ¶¶3-11.)
As of July 21, 2026, 48 issued settlement checks remained uncashed. (Id., ¶13.) This totals $28,172.27. (Ibid.)
On July 20, 2026, in accordance with the terms of the parties’ Settlement Agreement, the necessary paperwork and unclaimed funds were sent to the California State Controller’s Office - Unclaimed Property Fund. (Id., ¶14.)
All disbursements having now been made and the uncashed amounts having been sent to the State Controller, the final accounting is complete. Plaintiff’s counsel is to dismiss the action within 60 days of this hearing.
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