2017-00219832-CU-OE

Shawn Davidson vs. Herc Rentals, Inc.

Nature of Proceeding: Motion for Preliminary Approval of Class Action Settlement

Filed By: Serb, Jamie

Plaintiff’s motion for preliminary approval of class action settlement, provisional certification of the class, approval of class notice and setting of hearing date for final approval is UNOPPOSED and is GRANTED provided that plaintiff provide proof that the Labor and Workforce Development Agency (“LWDA”) was notified of this proposed settlement at the same time it was submitted to the court, as required by Labor Code §2699(l)(2).

The notice of motion does not provide correct department or time for the hearing of this motion.

The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a).

In this putative class action plaintiff alleges defendant employer violated various wage-and-hour provisions of the Labor Code. The parties have agreed to settle this action

for a total payment of $1.24 Million with plaintiff’s attorneys to receive fees of no more than $412,920 (33.3% of the gross settlement) plus costs of no more than $25,000. The class representative will receive a service payment of no more than $7,500 with the claims administration fees of CPT Group, Inc. not to exceed $17,000. The settlement will include $75,000 for the Private Attorney General Act claims, with $56,250 of this amount to be paid to the LWDA and the remaining $18,750 to be distributed to class members participating in the settlement. It is currently estimated that the proposed class encompasses 950 employees for the class period and the average payment to the individual class members participating in the settlement will be roughly $760.

The court will again review and consider the terms of this settlement at the time of the final approval hearing before granting its final approval of the proposed settlement.

The final approval hearing is scheduled for 8/22/2018 at 9:00 a.m. in Department 54. The moving, opposing, and reply papers shall be filed and served in conformity with Code of Civil Procedure §1005.

The court notes that the proposed Notice of Class Action Settlement does not provide the correct department or address for the hearing on final approval of this settlement. Counsel is directed to promptly correct the Notice and review it to ensure there are no other inaccuracies before it is mailed to the prospective class members.

Finding no objection thereto, the court will sign the proposed order submitted with the moving papers.