Judge: Carolyn M. Caietti, Case: 37-2022-00043918-CU-CO-CTL, Date: 2023-12-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 19, 2023

12/20/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Contract - Other Motion Hearing (Civil) 37-2022-00043918-CU-CO-CTL MARIN VS CHEEKY SCIENTIST LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/20/2023

Prior to the hearing, Plaintiff's counsel is ordered to: (i) file and serve an amended proposed order, including the date for the final approval hearing indicated below and the other blank spaces completed; and (ii) bring a courtesy copy to the Court.

Plaintiff's Carla Caliope Marin's unopposed Motion for Preliminary Approval of Class Action Settlement is GRANTED.

The motion for final approval will be heard on April 19, 2024, at 10:30 a.m. in Department 70. Please provide a courtesy copy of the motion papers to Department 70.

The Court reviewed the moving papers, supporting declarations, and settlement, and finds the proposed settlement to be fair, adequate and reasonable for purposes of preliminary approval. (See e.g., Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1800–1801; Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 128.) Notable settlement provisions include that the settlement is non-reversionary and class members do not need to submit a claim to receive their share of the settlement funds. The class members are set to receive a full refund of any unreimbursed payments to Defendant. There is no opposition to the motion.

For final approval, the Court expects to be informed of the final hours worked and hourly rates billed by Plaintiff's counsel, the total attorney fees and costs sought, as well as the total amount of time expended, and tasks completed by the Class Representatives on the case. The Court notes the settlement allows Plaintiff to seek up to $340,262 in fees and costs. The Court is not inclined to award a 44% attorney fee. But on a preliminary basis, the settlement is reasonable.

The Court will review and sign the amended proposed order at the hearing. That order will be the Court's final order on the motion.

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