Judge: Blaine K. Bowman, Case: 37-2022-00025778-CU-OE-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 04, 2024

04/05/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00025778-CU-OE-CTL SHANNON VS BURTON RESTAURANTS LLC [EFILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs' unopposed motion for preliminary approval of class action settlement is GRANTED. Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, the court makes a preliminary finding that Plaintiffs meet their burden of showing that the settlement is fair, adequate and reasonable. The also court makes a preliminary finding that Plaintiffs establish sufficient grounds for class certification for purposes of settlement. Dunk, 48 Cal.App.4th 1807, fn. 19. See also, Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319. The court preliminarily approves Phoenix Class Action Administration Solutions as Settlement Administrator. The court sets the motion for final approval/fairness hearing for October 18, 2024, at 8:30am. The court approves the 'NOTICE OF CLASS AND COLLECTIVE ACTION SETTLEMENT' and 'CLAIM FORM' with the following changes to the Notice: Heading 1 'Why Should You Read This Notice?', second paragraph, replace 'Alameda' with 'San Diego' and replace 'Keri Katz' with 'Blaine Bowman.' Counsel shall also be prepared to explain why the phrase 'did not work for Defendants on a military base' is used in the first paragraph of page one, and why the phrase 'worked for Defendants exclusively on a military base(s)' is used in the last paragraph of page 5, and whether the Notice needs to be revised as to these phrases.

The court orders Plaintiffs to, within 10 days of this ruling, submit a revised proposed order, with above hearing date, with the above and any additional modifications discussed at the hearing, and with a copy of the fully executed 'CLASS AND COLLECTIVE ACTION SETTLEMENT AGREEMENT AND RELEASE' attached as 'Exhibit 1' a copy of the revised notice attached as 'Exhibit 2' and a copy of the 'CLAIM FORM' attached as 'Exhibit 3.' Calendar No.: Event ID:  TENTATIVE RULINGS

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