Employment, Settlement: $226,000 Stipulated Amount For Attorney’s Fees To Plaintiffs Under PAGA Settlement Validated On Appeal

The Defense Could Not Retract From Its Agreed-Upon Settlement Amount.

               In Loudon v. DHSE, Inc., Case No. E081497 (4^th Dist., Div. 2 Aug. 8, 2024) (unpublished), defendants agreed to settle a PAGA action through a written settlement agreement providing plaintiffs were entitled to attorney’s fees of $226,000, or one-third of the PAGA settlement amount.  The defense tried to deviate from this amount down the line on appeal after approval of the fee sum, but the lower court approved the fee amount and so, too, did the appellate court.  The reviewing court believed the agreed-upon amount should prevail, but also observed that (1) plaintiffs’ counsel billed more than the agreed-upon amount before approval of the fees, and (2) individual plaintiffs’ fees would have been a lot more had the case gone to trial.