Judge Cynthia A Freeland, Case 37-2023-00019221-CU-BT-NC 2023-08-25 Tentative Ruling

Judge: Cynthia A Freeland, Case: 37-2023-00019221-CU-BT-NC, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 24, 2023

08/25/2023 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) 37-2023-00019221-CU-BT-NC RIVALI VS. SHUTTERFLY, LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 05/26/2023

Plaintiff Rosemarie Rivali on behalf of herself and all others similarly situated ('Plaintiff')'s motion for preliminary approval of settlement and provisional class certification is granted. See Cal. R. Ct. 3.769(c), (d).

The court construes Defendant Shutterfly, LLC ('Defendant')'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 'Agreement') attached as Exhibit 1 to the Declaration of Todd D. Carpenter 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 Agreement was reached via an arm's length transaction with the assistance of Shirish Gupta of JAMS, who has substantial experience mediating consumer class actions, and through subsequent negotiation efforts between the parties. See Carpenter Decl., ¶¶ 9-10.

Consistent with the Agreement, the court: (1) preliminarily appoints Ms. Rivali as class representative and Plaintiff's counsel, Todd D. Carpenter of Lynch Carpenter, LLP and Warren Postman of Keller Postman LLC, as class counsel; (2) approves the form, manner, and content of the proposed notice; and (3) directs that the notice be sent to the class members in the manner set forth in the Agreement. The court must conduct a final approval hearing concerning the Agreement's fairness. See Cal. R. Ct.

3.769(e), (g). So that a briefing schedule can be established and a final approval hearing set, counsel are directed to attend the hearing prepared to discuss the proposed Class Administrator and the timing of its retention.

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2978736