Judge: Lon F. Hurwitz, Case: 2021-01178034, Date: 2022-12-02 Tentative Ruling

1. Motion for Preliminary Approval of Class Action Settlement

2. Status Conference

RULING: The hearing on this motion is continued to April 7, 2023 at 1:30 p.m. in Department CX103 so that plaintiff may address the issues identified below.

It is not necessary for plaintiff to resubmit briefing which has already been filed with the court. Supplemental declarations or other supplemental materials shall be filed at least nine (9) court days prior to the hearing. If a revised settlement, declaration(s), and/or proposed Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court.

1. The court is concerned about the adequacy of the Gross Settlement Amount. Further information is needed regarding counsel’s valuation of the case. Although the maximum valuation is calculated, Plaintiff does not discuss any factors which could reduce any potential maximum award. Also, Plaintiff does not provide the court with a reasoned realistic expected value for the claims. Plaintiff must provide a calculation of maximum and reasonable expected valuation for each separate violation.

2. Plaintiff must address whether there are potentially overlapping cases which may affect settlement.

3. The Memorandum of Points and Authorities does not discuss whether the Notice to the class members should or should not be distributed in a language or languages other than English.

4. Plaintiff did not submit a proposed order with the settlement agreement and Notice attached.

The hearing has been continued to the first available date. There are no earlier dates available.

The court does not require any physical or remote appearance at the hearing scheduled for December 2, 2022.