Judge: Loren G. Freestone, Case: 37-2023-00045175-CU-BT-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2023-00045175-CU-BT-CTL PACHECO VS ALO LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Nancy Pacheco's unopposed motion for preliminary approval of class action settlement is GRANTED.

However, the Court notes some issues with the proposed class notices, including: - The Summary Class Notice, to be published in USA Today (California editions), does not provide information on the final approval hearing.

- Although the Summary Class Notice directs readers to the Full Class Notice on the website, the Summary Class Notice does not include any language referencing a release of claims pursuant to the settlement agreement.

- The Summary Class Notice advises that 'Class Members still in possession of a gift card with a balance of less than $10.00 need not take any action and may at their convenience visit any Alo location in California to fully utilize the remaining balance of their gift card or receive a cash redemption of the remaining balance of their cards.' However, the Full Class Notice does not include similar information.

The parties shall modify the proposed Summary Class Notice and Full Class Notice to address the issues set forth above. The notices shall not be deemed approved, and shall not be published, until the above issues are corrected.

Counsel for Plaintiff is directed to submit a proposed order granting preliminary approval, with the date for the final approval hearing set by the Court, as well as the revised notices attached.

The Court sets a final approval hearing for October 18, 2024 at 10:30am.

The motion for final approval shall include evidence from Defendant and from Class Counsel demonstrating notice was provided as set forth in the settlement agreement. The motion for final approval shall also include sufficient information and documentation to enable a lodestar cross-check (attorneys' fees), substantiate all costs claimed, and support the requested service award.

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