Further Motion for Approval of PAGA Settlement
Browse all Motion for Final Approval of Class Settlement rulings statewide →
May 20, 2026, Law and Motion Calendar Judge Nicole S. Healy Department 28 ________________________________________________________________________
02:00 PM LINE 3 23-CIV-04473 JOSEPH LUIS MARTIN VS WORKYARD, INC.
JOSEPH LUIS MARTIN ENOCH KIM WORKYARD, INC. HUA, LINH
Further Motion for Approval of PAGA Settlement
TENTATIVE RULING:
The court GRANTS the amended Motion for Approval of PAGA Settlement Agreement as follows. The court further GRANTS PAGA Counsel’s request for attorneys’ fees as modified below.
The court notes that plaintiffs’ counsel has corrected the Notice of PAGA Settlement and Release of Claims (Supplemental Declaration of Marta Manus, exhs. 3 & 4) as well as the bid from Phoenix Settlement Administrators. (Id., exh. 2.)
PAGA Counsel’s supplemental declaration does not provide the following additional information the court previously requested:
• In its April 22, 2026 tentative ruling, the court stated that it had noticed inconsistencies in the years of experience of PAGA Counsel as reported in the motion and in the Declaration of Enoch J. Kim. (Compare MPA, at p. 10:6-18, with Kim Decl., ¶ 25.) In particular, paragraph 25 of the Kim Declaration is inconsistent with the MPA at page 10 as follows:
o * * * Associate Attorney David Arakelyan’s current billing rate is $585.00 (6 years out of law school, Laffey Matrix rate of $581.00); compare MPA at p. 10:8 [4 years out of law school]), and he spent approximately 45.8 hours in this matter with a lodestar amount of $26,793.00. * * * Associate Attorney Norayr Zakaryan’s current billing rate is $475.00 (2 years out of law school, Laffey Matrix rate of $473.00); compare MPA at p. 10:12 [11 months out of law school]), and he spent approximately 30.9 hours in this matter with a lodestar amount of $14,677.50.
o The number of years out of law school is given in the Declaration but not the MPA for Kevin Burns and Marta Manus.
• Plaintiff’s counsel did not explain the discrepancies in the Supplemental Manus Declaration. However, because the years of experience reported for Messrs. Arakelyan and Zakaryan does not substantially affect the Laffey
May 20, 2026, Law and Motion Calendar Judge Nicole S. Healy Department 28 ________________________________________________________________________ Matrix bands, the court will not seek additional information from plaintiff’s counsel regarding their experience.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
• Plaintiff’s counsel has not supplied any evidence that San Mateo County or other Bay Are courts have approved the Laffey Matrix rates sought for each attorney as requested. However, in the court’s experience, the rates listed are not unreasonable for attorneys’ with the reported levels of experience.
PAGA Counsel’s requested fee award of $130,833.33 is approximately one-third or 33.33% of the gross settlement amount. Counsel reached this number by taking their base lodestar figure of $79,080.50 ($77,333,00 for attorneys and $1,747.50 for paralegals) and applying a 1.6 multiplier. (Manus Supp, Decl., ¶ 10; Kim Decl. ¶ 25.) Significantly, however, this case did not involve novel areas of law; involved limited motion practice; and the parties did not conduct formal discovery. Accordingly, the court grants PAGA Counsel a fee award of $110,000, which is slightly above 28% of the gross settlement amount, and just under a 1.4 multiplier.
If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, plaintiff’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.