Judge: Cynthia A Freeland, Case: 37-2022-00038509-CU-BT-NC, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - April 18, 2024

04/19/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2022-00038509-CU-BT-NC MCKEEHAN VS 1-800-PACK-RAT LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 03/25/2024

Plaintiff Irina McKeehan individually and on behalf of a class of similarly situated individuals ('Plaintiff')'s motion for preliminary approval of class action settlement is granted. See Cal. R. Ct. 3.769(c), (d).

The court construes Defendant 1-800-Pack-Rat, LLC's lack of opposition as a concession of the motion's merits. See San Diego Rules of Court, Rule 2.1.19.B. In addition, the court finds that the Settlement Agreement and Release (the 'Settlement Agreement') attached as Exhibit 1 to the Declaration of Eric A.

Grover is fair and reasonable, and should be preliminarily approved. See Cellphone Termination Fee Cases (2009) 180 Cal. App. 4th 1110, 1118; Wershba v. Apple Computer, Inc. (2001) 91 Cal. App. 4th 224, 234-235. The Settlement Agreement was reached via an arm's length transaction following a December 20, 2023 mediation before respected mediator Eve Wagner, Esq. See Grover Decl., ¶ 7.

Consistent with the Settlement Agreement, the court: (1) appoints Plaintiff as class representative and Plaintiff's counsel, Eric A. Grover of Keller Grover LLP and Scot Bernstein of Law Offices of Scot D.

Bernstein, A Professional Corporation, as class counsel; (2) approves the appointment of Kroll Settlement Administration LLC as claims administrator; (3) approves the form, manner, and content of the proposed notice; (4) conditionally certifies the settlement class subject to final approval of the class action settlement; and (5) directs that notice be sent to the class members in the manner set forth in the Settlement Agreement. The court must conduct a final approval hearing concerning the Settlement Agreement's fairness. See Cal. R. Ct. 3.769(e), (g). However, Plaintiff's proposed order contains a proffered timeline and a blank line for the final approval hearing date. Consequently, an appearance by counsel is necessary to discuss setting a final approval hearing date to be included in the order.

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