Judge: Keri G. Katz, Case: 37-2018-00014364-CU-OE-CTL, Date: 2023-11-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 08, 2023

11/09/2023  08:25:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2018-00014364-CU-OE-CTL ANDERSON VS EQUINOX HOLDINGS INC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs' unopposed motion for preliminary approval of class action settlement is GRANTED. Applying the factors set forth in Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1796, 1801, the court makes a preliminary finding that Plaintiffs meet their burden of showing that the settlement is fair, adequate and reasonable. The court sets the motion for final approval/fairness hearing for April 5, 2024, at 8:30am.

The court approves the NOTICE OF CLASS ACTION SETTLEMENT with the following changes: Page 1: Include the full case caption and full case number under the heading 'NOTICE OF CLASS ACTION SETTLEMENT.' Page 1, 'EXCLUDE YOURSELF' box: replace 'Defendants' with 'Defendant' Page 2, section 2, revise to read: You may get money from the Class Action Settlement. This Notice will explain the terms of the Settlement and the amount of money you may receive under the Settlement. The Court must approve the terms of the Settlement described herein as fair, adequate, and reasonable to the Class Members.

Page 2, section 3, first paragraph: revise the first two sentences to read: The Complaint, filed by Plaintiffs Kevin Anderson and Cynthia Yzaguirre on behalf of themselves and the class, seeks recovery of damages, interest, and attorneys' fees and costs, as well as injunctive relief. Plaintiffs' lawsuit is for . .

. . ' Page 2, section 3, second paragraph: replace 'Plaintiff's' with 'Plaintiffs' ' Page 2, section 3, third paragraph, fourth sentence: replace 'Defendants' with 'Defendant' Page 2, section 3, third paragraph, last sentence: replace 'Plaintiff' with 'Plaintiffs' Page 2, section 4, first paragraph, first sentence: revise to read: 'Defendant will pay a total sum . . . .' Page 2, section 4, second paragraph: replace 'Defendants' ' with 'Defendant' Page 2, section 4, second paragraph: replace 'Defendants' ' with 'Defendant' Page 3, section 5: add the following language: Calendar No.: Event ID:  TENTATIVE RULINGS

2991460  1 CASE NUMBER: CASE TITLE:  ANDERSON VS EQUINOX HOLDINGS INC [E-FILE]  37-2018-00014364-CU-OE-CTL You may obtain a copy of the Settlement documents for free by contacting Class Counsel or the Settlement Administrator using the contact information in Section 7 and Section 9, or for a fee by visiting the court web site at https://roa.sdcourt.ca.gov/roa/ and entering Case No. 37-2018-00014364. You may also review the court file including the Settlement documents, for free, in person at the Hall of Justice 330 West Broadway, San Diego, California 92102.

Page 3, section 6: replace 'Representative' with 'Representatives' Page 5, section 8: revise to read: If the Settlement is approved and you do not exclude yourself from the Settlement, you will receive compensation and will fully and finally release and discharge Equinox Holdings, Inc., and its officers, directors, employees and agents from all Released Class Claims which are defined under the Stipulation of Class Action Settlement and Release as: all claims under state, federal or local law, whether statutory, common law or administrative law, alleged in the operative complaint in the Action, or that could have been alleged based on the factual allegations in the operative complaint in the Action, including: (1) Failure to Reimburse and (2) Unfair Competition in Violation of Business and Professions Code Section 17200, including, but not limited to, claims for injunctive relief; punitive damages; liquidated damages, penalties of any nature; interest; fees; costs; and all other claims and allegations made or which could have been made based on the allegations in the operative complaint in the Action, from March 21, 2014 through preliminary approval.

The court orders Plaintiffs to, within 10 days of this ruling, submit a revised proposed order, with the above final approval/fairness hearing date, with the above modifications to the notice and with a copy of the fully executed Stipulation of Class Action Settlement and Release attached as Exhibit A and the revised NOTICE OF CLASS ACTION SETTLEMENT' attached as Exhibit B.

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