In re Foster Farms Wage and Hour Cases

(03) Tentative Ruling

Re: In re Foster Farms Wage and Hour Cases Case No. 21JCCP05166

Hearing Date: May 21, 2026 (Dept. 502)

Motion: Plaintiffs’ Motion for Final Approval of Class Settlement

Tentative Ruling:

To grant plaintiffs’ motion for final approval of class action settlement.

Explanation:

1. Fairness, Reasonableness, and Adequacy of Settlement

“In determining whether a class settlement is fair, adequate and reasonable, the trial court should consider relevant factors, such as ‘the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement.’ The list of factors is not exclusive and the court is free to engage in a balancing and weighing of factors depending on the circumstances of each case.” (Wershba v.

Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 244–245, internal citations omitted, disapproved of on other grounds by Hernandez v. Restoration Hardware, Inc. (2018) 4 Cal.5th 260.)

Here, the court has already made a preliminary determination that the settlement is fair, reasonable, and adequate under the circumstances. Nothing has happened since the court made its order granting preliminary approval that would cause the court to change its decision. Since the court made its order granting preliminary approval, the class administrator sent out notices to the class members. No class members have objected, and only 57 out of over 46,000 class members have opted out of the settlement. The lack of objections and minimal number of opt-out requests indicates that the class overwhelmingly approves of the settlement. Therefore, the court intends to find that the settlement is fair, reasonable and adequate.

2. Attorney’s Fees and Costs

Plaintiffs’ counsel seeks attorney’s fees of $3,000,000, which is 1/3 of the gross settlement, plus costs of $169,594.87. The court has already granted preliminary approval of the requested fees and costs, and no objections have been received from the class regarding the requested fees and costs. Therefore, the court intends to grant final approval of the request for $3,000,000 in fees and costs.