Judge: Carolyn M. Caietti, Case: 37-2022-00043918-CU-CO-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  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:

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

Plaintiff Carla Caliope's unopposed Motion for Attorney Fees, Costs and Incentive Award is GRANTED.

These motions seek: final approval of the parties proposed $775,000 class action settlement on behalf of: 'All persons in California who purchased Cheeky Scientist's employment counseling services, as defined by California Civil Code section 1812.501, subdivision (b) from October 21, 2018, and until December 8, 2022 (the 'Class Period'), excluding Cheeky Scientist, and its officers, directors, employees, agents and affiliates, and the Court and its staff.' (Settlement Agreement § 2.5) The Court granted preliminary approval of the settlement. (ROA 71 - Order dated December 20, 2023.) These motions are unopposed by both Defendants and Class Members.

The settlement class is certified for purposes of settlement. The class action settlement is fair, adequate, and reasonable, including the Gross Settlement Amount of $775,000. Significantly, Defendant amended its contracts to be legally compliant and each Class Member will receive a full refund plus a payment of $36.21. The class consists of 139 Class Members. There were no objections and only one request to be excluded.

Class Counsel is awarded the requested $333,025.42 in attorney fees and $7,236.58 in litigation costs for the allotted agreed-not to exceed amount of $340,262.00 in fees and costs. The fee request is very high and results in a 1.62 multiplier. The hours incurred are considerably high (115.4 hours on the settlement approval motions; 69.2 hours on case management) particularly when compared to the 23.2 hours incurred to conduct discovery. However, the Class Members will receive a full refund plus more, there were no objections and this is what the parties agreed to.

Plaintiff's service award of $4,500 is reasonable and substantiated. (Declaration of Ronald Marron, at ¶ 11.) Defendant will separately pay for the costs to administer the settlement.

The Court finds the settlement to be fair, adequate and reasonable. (See, e.g., Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1800-01; Cal. Rules of Ct. rule 3.769(g).) The reasonableness of the settlement is further demonstrated by the fact that there is no opposition or objections and only one Calendar No.: Event ID:  TENTATIVE RULINGS

3072503  50 CASE NUMBER: CASE TITLE:  MARIN VS CHEEKY SCIENTIST LLC [E-FILE]  37-2022-00043918-CU-CO-CTL request to be excluded.

For these reasons, the motions are GRANTED.

Concluding Orders The Court sets a status conference on October 11, 2024, at 10:15 a.m. in Department 70 to confirm the completion of the settlement process.

The Court will: (i) modify the proposed order to reflect the status conference; and (ii) sign and date the proposed order. (ROA 77.) That order will be the Court's final ruling on the two motions.

Plaintiff is ordered to serve written notice of the Court's signed final order on all appearing parties within five days of receiving it.

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