Judge: Curtis A. Kin, Case: 20STCV33377, Date: 2023-02-23 Tentative Ruling

Case Number: 20STCV33377    Hearing Date: February 23, 2023    Dept: 72

MOTION FOR PRELIMINARY APPROVAL OF

CLASS ACTION SETTLEMENT

Date:               2/23/23 (8:30 AM)

Case:               Alison Andrade v. Urban Outfitters, Inc. (20STCV33377)

TENTATIVE RULING:

Plaintiff Alison Andrade’s Motion for Preliminary Approval of Class Action Settlement is GRANTED.

The Court previously continued the hearing for preliminary approval of class action settlement, noting certain concerns.  (See 1/31/23 Minute Order.)  The Court has since reviewed Plaintiff’s Supplemental Brief and the Joint Stipulation Re: Amendment to Settlement Agreement.  The Court’s concerns are not satisfied.  The Court will sign the Amended Proposed Order, electronically received 2/14/23, with paragraph 11 of the amended proposed revised to reflect that the Unclaimed Property Law is set forth at California Code of Civil Procedure Section 1500 et seq.

Prior to the final fairness hearing, Class Counsel must submit briefing and supporting declarations regarding a lodestar calculation of the attorney’s fees sought.  The Court must determine that the attorney’s fees sought are reasonably related to the work performed before any fees are awarded. (See Garabedian v. Los Angeles Cellular Telephone Company (2004) 118 Cal. App. 4th 123, 128.)

Additionally, consistent with Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 806-07, the class representative must submit a declaration explaining why she should be compensated for the expense or risk incurred in conferring a benefit on other members of the class. The declaration must be specific enough in the form of quantification of time and effort expended on the litigation, and in the form of reasoned explanation of financial or other risks incurred by plaintiff for this Court to conclude that an enhancement award was necessary to induce plaintiff to participate in this lawsuit.

The motion for final approval documents, along with supporting declarations, must be filed by __________________.