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Notice Of Motion And Motion For Approval Of Paga Settlement; Memorandum Of Points And Authorities In Support Of Motion To Approve Paga Settlement
Set for Law and Motion/Discovery Calendar on Thursday, April 02, 2026, Line 4.
Plaintiff Barry Stein's Motion For Approval Of PAGA Settlement is GRANTED. Good cause appearing and notice having been provided to LWDA, the court approves the parties' settlement of the PAGA claims. (See Lab. Code, 2699(s).)
The court finds: (1) the settlement is fair, reasonable and adequate; (2) the Settlement Period is from February 21, 2023, through August 2, 2025; (3) the release is appropriate and not overbroad; (4) the Settlement Administrator will be ILYM Group, Inc; (5) pursuant to Labor Code 2699(i), the gross settlement fund (GSF) of $75,000 shall be distributed as follows: (a) Settlement Administration Fees will be $2,000.00; (b) attorney fees in the amount of $25,000 (one-third of the $75,000 GSF) and litigation costs in the amount of $12,355.95; (c) PAGA Penalties in the amount of $35,644.05, which is the GSA of $75,000.00 minus the administration costs, and minus the attorney's fees and litigation costs; (d) the LWDA PAGA Payment (75% of the PAGA Penalties) is $26,733.04; (e) the Individual PAGA Payments for Aggrieved Employees (25% of the PAGA Penalties) is $8,911.01, which will be paid to the Aggrieved Employees.
Plaintiffs and Defendant are ordered to carry out timely the terms of the Settlement in accordance with the terms of the PAGA Settlement Agreement.
A hearing on status of settlement is set for April 8, 2027, at 9:00 am in this department, for which Plaintiff shall file and serve a declaration of Administrator re distributions ten court days in advance, providing a courtesy copy to the court within 48 hours of filing.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |